COMMONWEALTH OF PENNSYLVANIA

LEGISLATIVE JOURNAL

TUESDAY, APRIL 3,2001

SESSION OF 2001 185TH OF THE GENERAL ASSEMBLY No. 20 i HOUSE OF REPRESENTATIVES PHILLIPS, PISTELLA, READSHAW, ROBERTS, SAINATO, The House convened at 11 a.m., e.d.t. SATHER, SCHULER, SHANER, SOLOBAY, STABACK, STETLER, E. Z. TAYLOR, J. TAYLOR, THOMAS, TIGUE, TRELLO, TRICH, C. WILLIAMS, WILT, WOJNAROSKI, THE SPEAKER PRO TEMPORE YOUNGBLOOD, YUDICHAK and ZUG (PATRICIA H. VANCE) PRESIDING An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, providing for a special plate to honor prisoners PRAYER of war and those missing in action; and further providing for payment to special funds. REV. DJ PAGLIA, Chaplain of the House of Representatives and associate pastor of Evangelical Assembly Referred to Committee on TRANSPORTATION, April 3, of God, Ephrata, Pennsylvania, offered the following prayer: 2001.

Shall we pray: No. 1252 By Representatives SURRA, BEBKO-JONES, Our gracious Heavenly Father, we give You thanks for BELARDI, CALTAGIRONE, STURLA, TIGUE, another great and wonderful day in this chamber. We ask You CAPPABIANCA, CRUZ, LAUGHLIN, THOMAS, to give direction to the leadership of the House as well as to STABACK, McCALL, YOUNGBLOOD, STEELMAN, each member of the House of Representatives, who have come FREEMAN, JOSEPHS, SOLOBAY, SHANER, HARHAI, from near and far to consider the business of our HORSEY, JAMES, BELFANTI, GRUCELA, COLAFELLA Commonwealth. and MICHLOVIC Grant to each one wisdom, compassion, and a greater understanding of the needs of the citizens of our great State. An Act providing a meal or rest period for employees after May each of us in this moment and throughout this session seek working a specified number of hours. Your guidance in all our decisions, that You will be well pleased and glorified. Referred to Committee on LABOR RELATIONS, April 3, This we pray in Your name. Amen. 200 1.

PLEDGE OF ALLEGIANCE No. 1253 By Representatives SURRA, CAPPABIANCA, CRUZ, LAUGHLIN, THOMAS, BELARDI, STABACK, (The Pledge of Allegiance was recited by members and McCALL, JOSEPHS, SOLOBAY, BEBKO-JONES, visitors.) STEELMAN, CALTAGIRONE, FREEMAN, GRUCELA, SHANER, HORSEY, TRELLO, JAMES, PETRONE, BELFANTI, J. WILLIAMS, MICHLOVIC, COLAFELLA and JOURNAL APPROVAL POSTPONED YUDICHAK The SPEAKER pro tempore. Without objection, the approval An Act providing for restrictions on overtime required by of the Journal of Monday, April 2, 2001, will be postponed until employers. printed. The Chair hears no objection. Referred to Committee on LABOR RELATIONS, April 3, HOUSE BILLS 2001. INTRODUCED AND REFERRED No. 1254 By Representatives SURRA, BELARDI, No. 1251 By Representatives HARHART, ARMSTRONG, JOSEPHS, SOLOBAY, SHANER, HARHAI and HORSEY M. BAKER, BARRAR, BEBKO-JONES, BELARDI, BELFANTI, BENNINGHOFF, BROWNE, CALTAGIRONE, An Act amending the act of January 17, 1968 (P.L. I I, NOS), CAPPELLI, CAWLEY, COLAFELLA, COLEMAN, known as The Minimum Wage Act of 1968, further providing for overtime wages. CORRIGAN, CREIGHTON, CRUZ, DeWEESE, EGOLF, FAIRCHILD, GEIST, GRUCELA, HARHAI, HASAY, HESS, HORSEY, HUTCHINSON, KIRKLAND, LAUGHLIN, Referred to Committee on LABOR RELATIONS, April 3, LEDERER, LEH, LUCYK, McCALL, McILHATTAN, 2001. McILHINNEY, MELIO, MICHLOVIC, S. MILLER, ORIE, 544 LEGISLATIVE JOURNALHOUSE APRIL 3 ' 1 No. 1255 By Representatives COSTA, McCALL, Referred to Committee on JUDICIARY, April 3,2001. FRANKEL, GRUCELA, MANN, SOLOBAY, b CALTAGIRONE, CAPPABIANCA, CRUZ, DeLUCA, No. 1259 By Representatives L. I. COHEN, THOMAS, FAIRCHILD, GEORGE, HALUSKA, HARHAI, BELARDI, BROWNE, CORRIGAN, CRUZ, DAILEY, HENNESSEY, HORSEY, KELLER, LAUGHLIN, LEDERER, EGOLF, J. EVANS, FRANKEL, GABIG, HENNESSEY, MARKOSEK, R. MILLER, READSHAW, SHANER, HORSEY, JAMES, LAUGHLIN, LEDERER, MACKERETH, STABACK, THOMAS, TIGUE, TRELLO, WALKO, MELIO, MICOZZIE, R. MILLER, MUNDY, PIPPY, ROSS, WOJNAROSKI and YOUNGBLOOD RUBLEY, SATHER, SAYLOR, SOLOBAY, STEELMAN, STERN, SURRA, VANCE, YOUNGBLOOD, HARPER and An Act reenacting and amending the act of December 21, 1988 C. WILLIAMS (P.L.1860, No.178), entitled "An act providing for the disposal of unclaimed garments," providing for the disposal of unclaimed footwear and other items left with shoe repairers. An Act amending Title 42 (Judiciary and Judicial Procedure) of the Pennsylvania Consolidated Statutes, reenacting provisions relating to child victims and witnesses; and updating a policy declaration. Referred to Committee on COMMERCE AND ECONOMIC DEVELOPMENT, April 3,2001. I Referred to Committee on JUDICIARY, April 3,2001. No. 1256 By Representatives CAPPELLI, BARRAR, No. 1260 By Representatives L. I. COHEN, THOMAS, L. I. COHEN, COLEMAN, COSTA, CREIGHTON, CRUZ, BELARDI, BROWNE, CORRIGAN, CRUZ, DAILEY, CURRY, FEESE, FLICK, FREEMAN, GABIG, GRUCELA, EGOLF, J. EVANS, FRANKEL, GABIG, HENNESSEY, HARHART, HARPER, HENNESSEY, HERSHEY, HORSEY, HORSEY, JAMES, LAUGHLIN, LEDERER, MACKERETH, KELLER, MAJOR, MANDERINO, McILHATTAN, ROSS, MELIO, MICOZZIE, R. MILLER, MUNDY, PIPPY, ROSS, RUBLEY, SATHER, B. SMITH, SOLOBAY, STEELMAN, RUBLEY, SATHER, SAYLOR, SOLOBAY, STEELMAN, STEIL, T. STEVENSON, TANGRETTI, E. Z. TAYLOR, STERN, SURRA, VANCE, YOUNGBLOOD, HARPER and J. TAYLOR, TIGUE, TRAVAGLIO, WANSACZ, WATSON, C. WILLIAMS WILT and WRIGHT A Joint Resolution proposing integrated amendments to the An Act amending Title 75 (Vehicles) of the Pennsylvania Constitution of the Commonwealth of Pennsylvania, further providing Consolidated Statutes, authorizing the use of radar by local for rights of accused in criminal prosecutions and for judicial police officers who meet certain qualifications. administration.

Referred to Committee on TRANSPORTATION, April 3, Referred to Committee on JUDICIARY, April 3,2001. 200 1. No. 1261 By Representatives MARKOSEK, READSHAW, No. 1257 By Representatives BOYES, GEIST, CRUZ, McILHATTAN, BARRAR, LAUGHLIN, BELARDI, CAPPABIANCA, BARD, LAUGHLIN, MELIO, TRELLO, YOUNGBLOOD, CALTAGIRONE, SHANER, SOLOBAY, BELFANTI, CALTAGIRONE, COLEMAN, COSTA, JOSEPHS, GEIST, HARPER, TRELLO, JAMES, BELFANTI CURRY, DeLUCA, J. EVANS, HARHAI, HERMAN, and R. MILLER HORSEY, McCALL, MICOZZIE, READSHAW, RUBLEY, SAINATO, SATHER, SCHULER, SCRIMENTI, SHANER, An Act amending the act of May 17, 192 1 (P.L.682, No.284), known as The Insurance Company Law of 1921, providing for SOLOBAY, STABACK, E. Z. TAYLOR and TRAVAGLIO insurance coverage for infertility treatment services. An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for obedience to signal Referred to Committee on INSURANCE, April 3,200 1. indicating approach of train. No. 1262 By Representatives MARKOSEK, READSHAW, Referred to Committee on TRANSPORTATION, April 3, WALKO, WANSACZ, HENNESSEY, GEORGE, HORSEY, 2001. BELARDI, STABACK, YOUNGBLOOD, DALEY, McCALL, CIVERA, WOJNAROSKI, CAPPABIANCA, No. 1258 By Representatives WILT, LEH, ARGALL, CALTAGIRONE, HARHAI, SOLOBAY, TRELLO, JAMES, BELFANTI, CALTAGIRONE, CAPPELLI, CREIGHTON, BELFANTI, GRUCELA, THOMAS, SAINATO, BROWNE DALLY, FEESE, GEIST, HERMAN, HERSHEY, HORSEY, and LEDERER KELLER, R. MILLER, S. MILLER, ROEBUCK, SAYLOR, SHANER, STABACK, T. STEVENSON, SURRA, THOMAS, An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, further providing for driver improvement course TIGUE, YOUNGBLOOD, YUDICHAK, BASTIAN, discounts. FORCIER, LAUGHLIN and McNAUGHTON

An Act amending Title 23 (Domestic Relations) of the Referred to Committee on INSURANCE, April 3,2001. Pennsylvania Consolidated Statutes, further providing for impounding of adoption proceedings and access to records, for determination of No. 1263 By Representatives MARKOSEK, READSHAW, paternity, for visitation rights and partial custody when there is a WALKO, ORE, WANSACZ, STERN, ARMSTRONG, deceased parent, for protection from abuse orders and for full faith and credit and foreign protection orders. McILHATTAN, HENNESSEY, GEORGE, MANN, BARRAR, LAUGHLIN, HORSEY, CAPPELLI, BELARDI, STABACK, 200 1 LEGISLATIVE JOURNAL--HOUSE 545

YOUNGBLOOD, DALEY, NAILOR, CIVERA, YUDICHAK, An Act repealing the act of June 17, 1913 (P.L.507, No.335), DeWEESE, ALLEN, WOJNAROSKI, FREEMAN, referred to as the Intangible Personal Property Tax Law. STEELMAN, DONATUCCI, CURRY, CALTAGIRONE, HARHAI, SHA~R,COSTA, SOLOBAY, SCHRODER, Referred to Committee on FINANCE, April 3,2001. SCHULER, CORRIGAN, JAMES, BELFANTI, PETRARCA, GRUCELA, ROBERTS, SAINATO, BROWNE, STETLER, 1268 Representatives C. WILLIAMS, J. TAYLOR and LEDERER BEBKO-JONES, BELFANTI, CALTAGIRONE, COSTA, HORSEY, LEDERER, STABACK, THOMAS, TRICH, An ~ctamending the act of March I I, 197 I (P.L.104, NO.^), WALKO, WATERS, YOUNGBLOOD, SCRIMENTI, MELIO known as the Senior Citizens Rebate and Assistance Act, further and CRUZ defining "income" for purposes of property tax and rent rebate claim eligibility. An Act amending Title 75 (Vehicles) of the Pennsylvania Consolidated Statutes, prohibiting children under the age of ten from Referred to Committee on FINANCE, April 3,2001. riding in front seat of passenger vehicles.

No. 1264 By Representatives MARKOSEK, READSHAW, Referred to Committee on TRANSPORTATION, April 3, WALKO, T. STEVENSON, ORIE, WANSACZ, CRUZ, 2001. GEORGE, BARRAR, LAUGHLIN, CAPPELLI, LEVDANSKY, BELARDI, STABACK, ALLEN, No. 1269 By Representatives C. WILLIAMS, ARGALL, YOUNGBLOOD, DALEY, McCALL, CIVERA, YUDICHAK, BARD, BEBKO-JONES, BELARDI, BELFANTI, BUNT, DeWEESE, STEELMAN, SCRIMENTI, CALTAGIRONE, CALTAGIRONE, CAPPABIANCA, CAPPELLI, HARHAI, SHANER, COSTA, SOLOBAY, TRELLO, COLAFELLA, COSTA, DeLUCA, DeWEESE, GEORGE, BELFANTI, GRUCELA, THOMAS, ROBERTS, SAINATO HORSEY, LEDERER, MANN, MICHLOVIC, ROEBUCK, and DeLUCA RUBLEY, STABACK, STURLA, E. Z. TAYLOR, THOMAS, TRICH, WALKO, WATERS, YOUNGBLOOD, KAISER? An Act amending the act of March 4, 1971 (P.L.6, NO.^), known BASTIAN, CRUZ, JOSEPHS, FRANKEL, GEIST, as the Tax Reform Code of 1971, providing a limited income tax credit WANSACZ, YUDICHAK, MELIO and LAUGHLIN for certain sewer improvements. An Act providing for lead-level testing of day-care and preschool Referred to Committee on FINANCE, April 3,2001 facilities; establishing a grant program; and making an appropriation.

No. 1265 By Representatives MARKOSEK, READSHAW, Referred to Committee on CHILDREN AND YOUTH, WALKO, T. STEVENSON, ORIE, CRUZ, HENNESSEY, April 3, 200 1. GEORGE, BARRAR, HERMAN, TIGUE, HORSEY, CAPPELLI, BELARDI, ALLEN, YOUNGBLOOD, DALEY, No. 1270 By Representatives C. WILLIAMS, BARD, McCALL, DeWEESE, WOGAN, STEELMAN, STERN, BELFANTI, CALTAGIRONE, FLICK, FRANKEL, HORSEY, CALTAGIRONE, HARHAI, SHANER, SOLOBAY, LEVDANSKY, RUBLEY, SOLOBAY, STURLA, THOMAS, SCHRODER, CORRIGAN, BELFANTI, GRUCELA and TRICH, WALKO, YOUNGBLOOD, SCRIMENTI, THOMAS YUDICHAK, FREEMAN, MELIO and JOSEPHS

An Act amending the act of March 1, 1988 (P.L.82, No.16), An Act authorizing health care providers to negotiate with known as the Pennsylvania Infrastructure Investment Authority Act, health care insurers; and providing for the powers and duties of the further providing for legislative intent, for definitions and for financial Attorney General and the Insurance Commissioner. assistance. Referred to Committee on INSURANCE, April 3,2001. Referred to Committee on ENVIRONMENTAL RESOURCES AND ENERGY, April 3,2001. No. 1271 By Representatives ROBERTS, COLAFELLA, DeWEESE, MELIO, PIPPY, SHANER, SOLOBAY, No. 1266 By Representatives MARKOSEK, WALKO, THOMAS, WASHINGTON, J. WILLIAMS, WOJNAROSIU HORSEY, YOUNGBLOOD, DALEY, CALTAGIRONE, and YOUNGBLOOD SOLOBAY, TRELLO, FRANKEL and LEDERER 1 An Act authorizing the Department of General Services, with the An Act amending Title 75 (Vehicles) of the Pennsylvania approval of the Governor and of the Pennsylvania Historical and Consolidated Statutes, providing for oxygen tank transportation Museum Commission, to sell and convey to the County of Fayette, a systems. certain tract of land and right-of-way situate in Wharton Township, Fayette County, Pennsylvania. Referred to Committee on TRANSPORTATION, April 3, 2001. Referred to Committee on STATE GOVERNMENT, April 3, 200 1. No. 1267 By Representatives C. WILLIAMS, CALTAGIRONE, CAPPELLI, COY, LAWLESS, GEORGE, No. 1272 By Representatives CIVERA, ADOLPH, ALLEN, KREBS, HARHAI, MAITLAND, FREEMAN and THOMAS CAPPELLI, CLYMER, M. COHEN, CORRIGAN, DALEY, DALLY, FAIRCHILD, FRANKEL, HENNESSEY, HERMAN, KIRKLAND, LAUGHLIN, MARKOSEK, R. MILLER, 546 LEGISLATIVE JOURNALHOUSE APRIL 3 5

NICKOL, PISTELLA, PRESTON, RUBLEY, SAYLOR, TRANSPORTATION. i SHANER, STABACK, E. Z. TAYLOR, J. TAYLOR, TRELLO, WATSON, WILT, WOJNAROSKI and HB 1245, PN 1442 By Rep. GEIST YOUNGBLOOD An Act designating State Route 8 in Allegheny County as the An Act amending the act of June 19, 1931 (P.L.589, No.202), Rick Cessar Highway. referred to as the Barbers' License Law, further providing for applications for licensure and for student barbers. TRANSPORTATION. Referred to Committee on PROFESSIONAL LICENSURE, April 3, 200 1. SENATE MESSAGE ADJOURNMENT RESOLUTION No. 1273 By Representatives MANN, ALLEN, BOYES, FOR CONCURRENCE BROWNE, CORRIGAN, CURRY, FRANKEL, GEIST, GODSHALL, GRUCELA, HERSHEY, HORSEY, JAMES, The clerk of the Senate, being introduced, presented the LAUGHLIN. MELIO, MYERS, PISTELLA, PRESTON, following extract from the Journal of the Senate, which was READSHAW, RUBLEY, SCHRODER, THOMAS, TIGUE, read as follows: TRELLO, WASHINGTON, C. WILLIAMS and WOGAN In the Senate An Act amending the act of March 10, 1949 (P.L.30, No.14), known as the Public School Code of 1949, further providing for April 2,2001 funding for charter schools. RESOLVED, (the House of Representatives concurring), That when the Senate adjoums this week, it reconvene on Monday, Referred to Committee on EDUCATION, April 3,2001 April 23,2001, unless sooner recalled by the President Pro Tempore of the Senate; and be it further HOUSE RESOLUTION RESOLVED, That when the House of Representatives adjoums this INTRODUCED AND REFERRED week, it reconvene on Monday, April 23, 2001, unless sooner recalled by the Speaker of the House of Representatives. No. 139 By Representatives ROEBUCK, BEBKO-JONES, Ordered, That the clerk present the same to the House of BELFANTI, BLAUM, BROWNE, BUXTON, Representatives for its concurrence. CAPPABIANCA, CRUZ, CURRY, DALEY, DeLUCA, FRANKEL, GRUCELA, HERSHEY, HORSEY, JAMES, On the question, JOSEPHS, LaGROTTA, LEVDANSKY, MANDERTNO, Will the House concur in the resolution of the Senate? McCALL, PETRARCA, PRESTON, ROBINSON, SHANER, Resolution was concurred in. STABACK, STURLA, SURRA, THOMAS, TRICH, Ordered, That the clerk inform the Senate accordingly. WASHINGTON, C. WILLIAMS, J. WILLIAMS, YOUNGBLOOD, MELIO, COLAFELLA and CORRIGAN RESIGNATION OF MEMBER A Resolution directing the Committee on Education to investigate any incidents relating to racial relations occurring on the campuses of The SPEAKER pro tempore. A communication which will the Commonwealth's colleges and universities. be read by the clerk.

Referred to Committee on RULES, April 3,2001. The following communication was read:

SENATE BILL FOR CONCURRENCE House of Representatives Commonwealth of Pennsylvania The clerk of the Senate, being introduced, presented the Harrisburg following bill for concurrence: March 30, 2001

Matthew J. Ryan Speaker of the House Referred to Committee on APPROPRIATIONS, April 3, 139 Main Capitol 2001. Harrisburg, PA 17 120

BILLS REPORTED FROM COMMITTEE, Dear Speaker Ryan: CONSIDERED FIRST TIME, AND TABLED This letter is to inform you that I will be resigning my position as State Representative for the 28th Legislative District, effective HB 1094, PN 1477 (Amended) By Rep. GEIST 1 0:30 am, Tuesday, April 3,2001.

An Act amending Title 75 (Vehicles) of the Pennsylvania It is with mixed emotions that I resign my position. I have thoroughly Consolidated Statutes, further providing for emission inspections and enjoyed my terms and will miss the contact with my peers. Yet I look removing provisions relating to certain settlements. forward to new horizons and challenges in the Senate. ' 2001 LEGISLATIVE JOURNAbHOUSE 547

I wish you all the best life has to offer with continued success in the Representative Stan Saylor ' Legislature. Keep in touch! Representative David Steil

Respectfully, Business Trades, Education and Community Representatives: Jane Clare Orie I State Senator Elect Mark Lantz Ed Donley Kirk Lidell BILLS REMOVED FROM TABLE Sam Katz Dr. Clyde Hornberger The SPEAKER pro tempore. The Chair recognizes the Dr. Francis Barnes majority leader. Michael F. Dunleavy Mr. PERZEL. Madam Speaker, I move that the following Glenn A. Schaeffer bills be removed from the table: LEAVES OF ABSENCE

HB 286; The SPEAKER pro tempore. Are there requests for leaves of HB 344; and absence? HB 846. The Chair recognizes the majority whip, who moves that the lady, Mrs. COHEN, from Montgomery County, and the On the question, gentleman from Lancaster County, Mr. ARMSTRONG, be Will the House agree to the motion? granted a leave for the day. Without objection, the leaves are Motion was agreed to. granted.

BILLS ON SECOND CONSIDERATION MASTER ROLL CALL

The following bills, having been called up, were considered The SPEAKER pro tempore. The Chair is about to take the for the second time and agreed to, and ordered transcribed for master roll call. Members will proceed to vote. third consideration: The following roll call was recorded: HB 227, PN 1074; HB 286, PN 1068; HB 344, PN 361; and HB 846, PN 940. PRESENT-1 97

Adolph Evans, J. Maitland Schroder BILLS RECOMMITTED Allen Fairchild Major Schuler Argall Feese Manderino Scrimenti The SPEAKER pro tempore. The Chair recognizes the Baker, J. Fichter Mann Semmel Baker, M. Fleagle Markosek Shaner majority leader. Bard Flick Marsico Smith, B. Mr. PERZEL. Madam Speaker, I move that the following Barley Forcier Mayemik Smith, S. H. bills be recommitted to Appropriations: Barrar Frankel McCall Solobay Bastian Freeman McGeehan Staback Bebko-Jones Gabig McGill Stairs HB 227; Belardi Gannon Mcllhattan Steelman HB 286; Belfanti Geist Mcllhinney Steil Benninghoff George McNaughton Stem HB 344; and Birmelin Godshall Melio Stetler HB 846. Bishop Gordner Metcalfe Stevenson, R. Blaum Grucela Michlovic Stevenson, T. Boyes Gruitza Micozzie Strittmatter On the question, Browne Habay Miller, R. Sturla Will the House agree to the motion? Bunt Haluska Miller, S. Surra Motion was agreed to. Butkovitz Hanna Mundy Tangretti Buxton Harhai Myers Taylor, J. Caltagirone Harhart Nailor Thomas COMMITTEE APPOINTED Cappelli Harper Nickol Tigue Casorio Hasay 0' Brien Travaglio Cawley Hennessey Oliver Trello The SPEAKER pro tempore. Pursuant to HR 16, the Chair Civera Herman Pallone Trich appoints the following members to the Keystone Commission Clark Hershey Perzel Tulli Clymer Hess Petrarca Vance on Education for Employment in the 21st Century: Cohen, M. Horsey Petrone Veon Colafella Hutchinson Phillips Vitali House Members: Coleman Jadlowiec Pickett Walko Comell James P~PPY Wansacz Representative Jess Stairs Corrigan Josephs Pistella Washington Costa Kaiser Preston Waters Representative Nick Colafella COY Keller Raymond Watson Representative Dan Surra Creighton Kenney Readshaw Williams. C. Representative Phyllis Mundy Cruz Kirkland Reinard Williams, J. Representative Robert Flick Cuny Krebs Rieger Wilt Dai ley LaGrotta Robinson Wogan LEGISLATIVE JOURNAL-HOUSE APRIL 3 "

Daley Laughlin Roebuck Wojnaroski CALENDAR b Dally Lawless Rohrer Wright DeLuca Lederer Rooney Yewcic Dermody Leh Ross Youngblood RESOLUTIONS PURSUANT TO RULE 35 De Weese Lescovitz Rubley Yudichak DiGirolamo Levdansky Ruffing Zimmerman Diven Lewis Sainato 2% Mrs. LEDERER called up HR 127, PN 1405, entitled: Donatucci Lucyk Samuelson Eachus Lynch Santoni A Resolution recognizing the month of April 2001 as Egolf Mackereth Sather Ryan, "Sexual Assault Awareness Month" in Pennsylvania. Evans, D. Maher Say lor Speaker On the question, Will the House adopt the resolution?

NOT VOTING-O The following roll call was recorded:

Armstrong Cohen, L. I. Roberts Taylor, E. Z. Adolph Evans, J. Maitland Schroder Cappabianca Allen Fairchild Major Schuler Argall Feese Manderino Scrimenti Baker, J. Fichter Mann Semmel LEAVES ADDED4 Baker, M. Fleagle Markosek Shaner Bard Flick Marsico Smith, 8. DeWeese Jadlowiec James Thomas Barley Forcier Mayemik Smith, S. H. Barrar Frankel McCall Solobay Bastian Freeman McGeehan Staback Bebko-Jones Gabig McGill Stairs Belardi Gannon Mcllhattan Steelman GUESTS INTRODUCED Belfanti Geist Mcllhinney Steil Benninghoff George McNaughton Stem The SPEAKER pro tempore. The Chair is pleased to Birmelin Godshall Melio Stetler Bishop Gordner Metcalfe Stevenson, R. welcome to the hall of the House Ethan Crower, who is serving Blaum Grucela Michlovic Stevenson, T. as a guest page today for Representative Ron Miller. Ethan lives Boyes Gruitza Micozzie Strittmatter in Jefferson, Pennsylvania. Would Ethan please rise. Browne Habay Miller, R. Sturla Bunt Haluska Miller, S. Surra Butkovitz Hanna Mundy Tangretti The Chair recognizes the gentleman, Mr. Grucela, under Buxton Harhai Myers Taylor, J. unanimous consent. Caltagirone Harhart Nailor Thomas Cappelli Harper Nickol Tigue Mr. GRUCELA. Thank you, Madam Speaker. Casorio Hasay 0' Brien Travaglio It is an honor for me today to have with me a fourth grade Cawley Hennessey Oliver Trello student back in the district that won the "It Ought To Be a Law" Civera Herman Pallone Trich Clark Hershey Perzel Tulli contest that we sponsor, and with me in the back of the House Clymer Hess Petrarca Vance this morning are Caitlin Dougherty, a fourth grade student Cohen, M. Horsey Petrone Veon at Forks Township Elementary School, and her parents, Colafella Hutchinson Phillips Vitali Andrew and Catherine Dougherty, and her sister, Maura. If they Coleman Jadlowiec Pickett Walko Comell James P~PPY Wansacz would rise in the back. Thank you. Corrigan Josephs Pistella Washington Madam Speaker, Caitlin's winning essay was on a helmet Costa Kaiser Preston Waters coy Keller Raymond Watson law for nonmotorized vehicle scooters. Anyone under the age of Cre~ghton Kenney Readshaw Williams, C. 12 should wear a helmet whenever riding this particular vehicle. Cruz Kirkland Reinard Williams, J. That bill was introduced today and will be HB 1274. curry Krebs Rieger Wilt Dailey LaGrotta Robinson Wogan So it is a pleasure for me to have Caitlin and her family here Daley Laughlin Roebuck Wojnaroski with us today and thank Caitlin for taking part in the contest and Dally Lawless Rohrer Wright for her award-winning essay. Thank you, Madam Speaker. DeLuca Lederer Rooney Yewcic Dermody Leh Ross Youngblood De Weese Lescovitz Rubley Yudichak The SPEAKER pro tempore. The Chair is pleased to DiGirolamo Levdansky Ruffing Zimmerman welcome to the hall of the House guest pages who are Diven Lewis Sainato zug 10th grade students at Central Dauphin High School - Donatucci Lucyk Samuelson Eachus Lynch Santoni Jenna Lewis, Caroline Summers, Molly Reinke - who are the Egolf Mackereth Sather Ryan, guests of Representative Ron Marsico of Dauphin County. Evans, D. Maher Saylor Speaker Would the ladies please rise. The Chair is also pleased to welcome to the hall of the House Craig Limeberry, who is a senior at Easton Area High School, who is shadowing Representative Grucela for the day. He is NOT VOTING-O seated in the back of the House. Would the gentleman please rise.

Armstrong Cohen, L. I. Roberts Taylor. E. Z. Cappabianca ' 2001 LEGISLATIVE JOURNAL--HOUSE 549 The maiority having voted in the affirmative, the question 1 EXCUSED-5 4 was determined in the affirmative and the resolution was Armstrong Cohen, L. I. Roberts Taylor, E. Z. adopted. Cappabianca

The majority having voted in the affirmative, the question Mr. ADOLPH called up HR 131, PN 1430, entitled: was determined in the affirmative and the resolution was adopted. A Resolution designating the week of April 1 through 7, 2001, as "Lupus Awareness Week" in Pennsylvania.

On the question, Will the House adopt the resolution? Mr. FLICK called up HR 133, PN 1432, entitled:

The following roll call was recorded: A Resolution recognizing and supporting the Chester County I Flower Show. On the question, Adolph Evans, J. Maitland Schroder Will the House adopt the resolution? Allen Fairchild Major Schuler Argall Feese Manderino Scrimenti The following roll call was recorded: Baker, J. Fichter Mann Semmel Baker, M. Fleagle Markosek Shaner Bard Flick Marsico Smith, B. Barley Forcier Mayemik Smith, S. H. Barrar Frankel McCall Solobay Adolph Evans, J. Maitland Schroder Bastian Freeman McGeehan Staback Allen Fairchild Major Schuler Bebko-Jones Gabig McGill Stairs Argall Feese Manderino Scrimenti Belardi Gannon Mcl lhattan Steelman Baker, J. Fichter Mann Semmel Belfanti Geist Mcllhinney Steil Baker, M. Fleagle Markosek Shaner Benninghoff George McNaughton Stem Bard Flick Marsico Smith, B. Birmelin Godshall Melio Stetler Barley Forcier Mayemik Smith, S. H. Bishop Gordner Metcalfe Stevenson, R. Barrar Frankel McCall Solobay Blaum Grucela Michlovic Stevenson, T. Bastian Freeman McGeehan Staback Boyes Gruitza Micozzie Strittmatter Bebko-Jones Gabig McGill Stairs Browne Habay Miller, R. Sturla Belardi Gannon Mcllhattan Steelman Bunt Haluska Miller, S. Surra Belfanti Geist Mcllhinney Steil Butkovitz Hanna Mundy Tangretti Benninghoff George McNaughton Stem Buxton Harhai Myers Taylor, J. Birmelin Godshall Melio Stetler Caltagirone Harhart Nailor Thomas Bishop Gordner Metcalfe Stevenson, R Cappelli Harper Nickol Tigue Blaum Gmcela Michlovic Stevenson, T. Casorio Hasay 0' Brien Travaglio Boy es Gruitza Micozzie Strittmatter Cawley Hennessey Oliver Trel lo Browne Habay Miller, R. Sturla Civera Herman Pallone Trich Bunt Haluska Miller, S. Surra Clark Hershey Perzel Tulli Butkovitz Hanna Mundy Tangretti Clymer Hess Petrarca Vance Buxton Harhai Myers Taylor, J. Cohen, M. Horsey Petrone Veon Caltagirone Harhart Nailor Thomas Colafella Hutchinson Phillips Vitali Cappelli Harper Nickol Tigue Coleman Jadlowiec Pickett Walko Casorio Hasay O'Brien Travaglio Cornell James P~PPY Wansacz Cawley Hennessey Oliver Trello Corrigan Josephs Pistella Washington Civera Herman Pallone Trich Costa Kaiser Preston Waters Clark Hershey Perzel Tulli coy Keller Raymond Watson Clymer Hess Petrarca Vance Crelghton Kenney Readshaw Williams, C. Cohen, M. Horsey Petrone Veon Cruz Kirkland Reinard Williams, J. Colafella Hutchinson Phillips Vitali curry Krebs Rieger Wilt Coleman Jadlowiec Pickett Walko Dailey LaGrotta Robinson Wogan Comell James P~PPY Wansacz Daley Laughlin Roebuck Wojnaroski Corrigan Josephs Pistella Washington Dally Lawless Rohrer Wright Costa Kaiser Preston Waters DeLuca Lederer Rooney Yewcic COY Keller Raymond Watson Dermody Leh Ross Youngblood Creighton Kenney Readshaw Williams, C. DeWeese Lescovitz Rubley Yudichak Cruz Kirkland Reinard Williams, J. DiGiroiamo Levdansky Ruffing Zimmerman cuny Krebs Rieger Wilt Diven Lewis Sainato zug Dailey LaGrotta Robinson Wogan Donatucci Lucyk Samuelson Daley Laughlin Roebuck Wojnaroski Eachus Lynch Santoni Dally Lawless Rohrer Wright Egolf Mackereth Sather Ryan, De Luca Lederer Rooney Yewcic Evans, D. Maher Saylor Speaker Dermody Leh Ross Youngblood De Weese Lescovitz Rubley Yudichak DiGirolamo Levdansky Ruffing Zimmerman Diven Lewis Sainato zug Donatucci Lucyk Samuelson Eachus Lynch Santoni Egolf Mackereth Sather Ryan, Evans, D. Maher Say lor Speaker NOT VOTING4 LEGISLATIVE JOURNALHOUSE APRIL 3

NAYSO Donatucci Lucyk Samuelson Eachus Lynch Santoni I Egolf Mackereth Sather Ryan, NOT VOTING0 Evans, D. Maher Say lor Speaker

Armstrong Cohen, L. I. Roberts Taylor, E. Z. NOT VOTING4 Cappabianca

The majority having voted in the affirmative, the question Armstrong Cohen, L. 1. Roberts Taylor, E. Z. was determined in the affirmative and the resolution was Cappabianca adopted.

*** The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was Mr. HEN'NESSEY called up HR 134, PN 1433, entitled: adopted.

A Resolution designating the month of April 2001 as "Pennsylvania Organ and Tissue Donor Awareness Month." GUESTS INTRODUCED

On the question, The SPEAKER pro tempore. The Chair is pleased to Will the House adopt the resolution? welcome to the hall of the House Gregory Mizii, who is the guest of Representative Leroy Zimmerman. He is located in the The following roll call was recorded: back balcony. Would the gentleman please rise. The Chair is also pleased to welcome to the hall of the YEAS-197 House, as the guests of Representative Matt Baker, the Tioga County Christian Academy students and their faculty, Adolph Evans, J. Mait land Schroder who are seated in the balcony. would the group please rise. Allen Fairchild Major Schuler Argall Feese Manderino Scrimenti The Chair is also pleased to welcome to the hall of the House Baker, J. Fichter Mann Semmel Mallory Boyer and Melissa Garman, who are students and guest Baker, M. Fleagle Markosek Shaner pages from Cedar Cliff High School. They are guests of Bard Flick Marsico Smith, B. Barley Forcier Mayemik Smith, S. H. Representative Jerry Nailor. They are located in the well of the Barrar Frankel McCall Solobay House. Will the ladies please rise. Bastian Freeman McGeehan Staback The House is also pleased to welcome to the hall of the Bebko-Jones Gabig McGill Stairs Belardi Gannon Mcllhattan Steelman House Kevin O'Kane, the general manager of television station Belfanti Geist Mcllhinney Steil WPSG; his wife, Cathy; and their 10-year-old daughter, Benninghoff George McNaughton Stem Corinne, from Marple Township. They are seated in the gallery Birmelin Godshall Melio Stetler and are guests of the gentleman from Delaware County, Bishop Gordner Metcalfe Stevenson, R. Blaum Grucela Michlovic Stevenson, T. Mr. Adolph. Would they please rise. Boyes Gruitza Micozzie Strittmatter The Chair is also pleased to welcome to the hall of the House Browne Habay Miller, R. Sturla a group of fourth grade students from Bethlehem Christian Bunt Haluska Miller, S. Surra Butkovitz Hanna Mundy Tangretti School and their teacher, Mrs. Longaberger. They are seated in Buxton Harhai Myers Taylor, J. the balcony and are here as guests of Representative Samuelson. Caltagirone Harhart Nailor Thomas Cappelli Harper Nickol Tigue Casorio Hasay O'Brien Travaglio I THE SPEAKER (MATTHEW J. RYAN) Cawley Hennessey Oliver Trello Civera Herman Pallone Trich PRESIDING Clark Hershey Perzel Tulli Clymer Hess Petrarca Vance The SPEAKER. The House will please come to order. Cohen, M. Horsey Petrone Veon Colafella Hutchinson Phillips Vitali Members, please take your seats. Members, please take your Coleman Jadlowiec Pickett Walko seats. Comell James P~PPY Wansacz Today I had the opportunity to attend session briefly in the Corrigan Josephs Pistella Washington Costa Kaiser Preston Waters Senate and witness the induction of Jane Orie, our former COY Keller Raymond Watson member, into the club of the Senate. It was quite impressive. Creighton Kemey Readshaw Williams, C. We hate to lose Jane Orie. Cruz Kirkland Reinard Williams, J. cuny Kr ebs Rieger Wilt Dailey LaGrotta Robinson Wogan ARTS IN EDUCATION DAY PROGRAM Daley Laughlin Roebuck Wojnaroski Dally Lawless Rohrer Wright DeLuca Lederer Rooney Yewcic The SPEAKER. Today is also another special day. Today is Dermody Leh Ross Youngblood the sixth annual Arts in Education Day here in Harrisburg. De Weese Lescovitz Rubley Yudichak DiGirolamo Levdansky Rufting Zimmerman During the day, members and guests here at the Capitol will Diven Lewis Sainato zug see some of Pennsylvania's best student dancers, actors, and LEGISLATIVE JOURNAL--HOUSE

musicians. Some will recite poetry. Hundreds of others have least in the various aspects of Arts Day here in the Capitol ' loaned works of art which will be exhibited in the rotunda and Building today. in the Education Building. Arts in Education Day gives us the opportunity to reflect on SUPPLEMENTAL CALENDAR A the artistic freedom we have enjoyed here in Pennsylvania for over 300 years. That freedom began as a vision of William Penn, who saw his settlement as a site where religious RESOLUTIONS PURSUANT TO RULE 35 and artistic expression could flow freely among people of Mr. COHEN called up HR 140, PN 1453, entitled: diverse cultural backgrounds. We in Pennsylvania have had a long and bountiful A Resolution commending school arts educators, resolving that relationship with the arts. We are grateful to all of the young every child receive a well-rounded education, including an extensive, people, the art educators, corporate sponsors, parents, and high-quality program of the arts taught by certified arts specialists, and friends who have come to Harrisburg to participate in this declaring April 2001 as "Arts in Education Month" and April 3, 2001, special day. I am grateful for the inspiration and joy their work as "Arts in Education Day" in Pennsylvania. brings to us and to the lives of all Pennsylvanians. On the question, Thank you, students, and thanks as well to the teachers who Will the House adopt the resolution? have supported and encouraged these young artists. Before I call upon some young friends from the South Scranton Intermediate School, guests of Representative The following roll call was recorded: Belardi, who will share their talent with the rest of Pennsylvania, I would like to acknowledge several guests sitting to my left. They are Rick Coulter, the chairman of the Adolph Evans, J. Maitland Saylor Pennsylvania Alliance for the Arts, our partner in Arts Day. Allen Fairchild Major Schroder Rick, stand up, please. Argall Feese Manderino Schuler Baker, J. Fichter Mann Semmel Next, Tommy Boylstein, the president of the Pennsylvania Baker, M. Fleagle Markosek Shaner Congress of ParenttTeacher Associations. Will the lady please Bard Flick Marsico Smith, B. rise. Barley Forcier Mayemik Smith, S. H. Barrar Frankel McCall Solobay They are sitting with Melissa Jeka, Miss Pennsylvania - a Bastian Freeman McGeehan Staback very, very talented dancer and certainly the pride of Bebko-Jones Gabig McGill Stairs Pennsylvania. I have invited her back at her convenience to Belardi Gannon Mcllhattan Steelman Belfanti Geist Mcllhinney Steil address the House, when she finds time in her otherwise very Benninghoff George McNaughton Stem busy schedule. Birmelin Godshall Melio Stetler Finally, I would like you all to meet the State director of Bishop Gordner Metcalfe Stevenson, R. Blaum Grucela Michlovic Stevenson, T. Pennsylvania Arts in Education Day, my full-time college intern Boyes Gruitza Micozzie Strittmatter this semester, Heather Kirkwood. She is a senior at Clarion Browne Habay Miller, R. Sturla University of Pennsylvania. Will she please stand and be Bunt Haluska Miller, S. Surra Butkovitz Hanna Mundy Tangretti recognized. Buxton Harhai Myers Taylor, J. Finally, I am pleased to introduce the following students Caltagirone Harhart Nailor Thomas from the South Scranton Intermediate School Show Choir: Cappelli Harper Nickol Tigue Casorio Hasay O'Brien Travaglio Amanda Doria, Kayleen Lavis, Jessica Dunlevy, and Cawley Hennessey Oliver Trelio Christopher Tucker. Will they please rise. Civera Herman Pallone Trich They are the makeup of the choir, and that choir could not Clark Hershey Perzel Tulli Clymer Hess Petrarca Vance function without the piano accompaniment of Allison Mayer. Cohen, M. Horsey Petrone Veon Allison, would you please rise. You thought I would forget you. Colafella Hutchinson Phillips Vitali I would not do that. Coleman Jadlowiec Pickett Walko Comell James P~PPY Wansacz The students are here under the direction of Kathleen Sottile Corrigan Josephs Pistella Washington and Kim Gnall. Would these guests rise. Costa Kaiser Preston Waters Thank you very much, and I hope everyone enjoys Arts in COY Keller Raymond Watson Creighton Kenney Readshaw Williams, C. Education Day here in the Capitol Complex. Cruz Kirkland Reinard Williams. J. I would appreciate it, while these students are performing, Curry Krebs Rieger Wilt that the members show them the courtesy to which they are Dailey LaGrotta Robinson Wogan Daley Laughlin Roebuck Wojnaroski entitled. Members will take their seats. Dally Lawless Rohrer Wright DeLuca Lederer Rooney Yewcic ("Danny Boy" and "Open Your Eyes" were sung by the Dermody Leh Ross Youngblood De Weese Lescovitz Rubley Yudichak South Scranton Intermediate School Show Choir.) DiGirolamo Levdansky Ruffing Zimmerman Diven Lewis Sainato zug The SPEAKER. It goes without saying that the choir caught Donatucci Lucyk Samuelson my attention early with "Danny Boy." That was beautiful. Eachus Lynch Santoni Egolf Mackereth Sather Ryan, I thank them very much for being with us and recommend to all Evans, D. Maher Speaker of the members of the House that they participate as viewers at 552 LEGISLATIVE JOURNALHOUSE APRIL 3 1 NOT VOTING1 Donatucci Lucyk Samuelson Eachus Lynch Santoni I Egolf Mackereth Sather Ryan. Scrimenti Evans, D. Maher Speaker

Armstrong Cohen, L. I. Roberts Taylor, E. Z. Cappabianca NOT VOTING-1 ( Scrimenti The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was adopted. Armstrong Cohen, L. 1. Roberts Taylor, E. Z. *** Cappabianca

Mr. STURLA called up HR 136, PN 1449, entitled: The majority having voted in the affirmative, the question was determined in the affirmative and the resolution was A Resolution designating April 4, 2001, as "Thaddeus Stevens adopted. Remembrance Day" in Pennsylvania. * * * On the question, I Will the House adopt the resolution? Mr. KAISER called up HR 137, PN 1450, entitled:

The following roll call was recorded: A Resolution designating April 6, 2001, as "Tartan Day" in Pennsylvania. YEAS196 On the question, Adolph Evans, J. Maitland Say lor 1 Allen Fairchild Major Schroder Will the House adopt the resolution? Argall Feese Manderino Schuler Baker, J. Fichter Mann Semmel The following roll call was recorded: Baker, M. Fleagle Markosek Shaner 1 Bard Flick Marsico Smith, B. Barley Forcier Mayernik Smith, S. H.

Barrar Frankel McCall Solobay I Bastian Freeman McGeehan Staback I Adolph Evans, J. Maitland Schroder Bebko-Jones Gabig McGill Stairs Allen Fairchild Major Schuler Belardi Gannon Mcllhattan Steelman 1 Argall Feese Manderino Scrimenti Belfanti Geist Mcllhinney Steil Baker, J. Fichter Mann Semmel Benninghoff George McNaughton Stem Baker, M. Fleagle Markosek Shaner Birmelin Godshall Melio Stetler Flick Marsico Smith, B. Bishop Gordner Metcalfe Stevenson, R. Barley Forcier Mayemik Smith, S. H. Blaum Gmcela Michlovic Stevenson, T. Barrar Frankel McCall Solobay Boyes Gmitza Micouie Strittmatter Bastian Freeman McGeehan Staback Browne Habay Miller, R. Sturla Bebko-Jones Gabig McGill Stairs Bunt Haluska Miller, S. Surra Belardi Gannon Mcllhattan Steelman Butkovitz Hanna Mundy Tangretti Belfanti Geist Mcllhinney Steil Buxton Harhai Myers Taylor, J. I Benninghoff George McNaughton Stem Caltagirone Harhart Nailor Thomas Birmelin Godshall Melio Stetler Cappelli Harper Nickol Tigue Bishop Gordner Metcal fe Stevenson. R. Casorio Hasay O'Brien Travaglio Blaum Grucela Michlovic Stevenson, T. Cawley Hennessey Oliver Trello Boyes Gruitza Micozzie Strittmatter Civera Herman Pallone Trich Browne Habay Miller, R. Sturla Clark Hershey Perzel Tulli Bunt Haluska Miller, S. Surra Ciymer Hess Petrarca Vance Butkovitz Hanna Mundy Tangretti Cohen, M. Horsey Petrone Veon Buxton Harhai Myers Taylor, J. Colafella Hutchinson Phillips Vitali Caltagirone Harhart Nailor Thomas Coleman Jadlowiec Pickett Walko Cappelli Harper Nickol Tigue Comell James P~PPY Wansacz Casorio Hasay 0'Brien Travaglio Corrigan Josephs Pistella Washington Cawley Hennessey Oliver Trello Costa Kaiser Preston Waters Civera Herman Pallone Trich Coy Keller Raymond Watson Clark Hershey Perzel Tulli Creighton Kenney Readshaw Williams, C. Clymer Hess Petrarca Vance Cruz Kirkland Reinard Williams, J. Cohen, M. Horsey Petrone Veon cuny Krebs Rieger Wilt Colafella Hutchinson Phillips Vitali Dailey LaGrotta Robinson Wogan Coleman Jadlowiec Pickett Walko Daley Laughlin Roebuck Wojnaroski Cornell James P~PPY Wansacz Dally Lawless Rohrer Wright Corrigan Josephs Pistella Washington DeLuca Lederer Rooney Yewcic Costa Kaiser Preston Waters Dermody Leh Ross Youngblood COY Keller Raymond Watson DeWeese Lescovitz Rubley Yudichak Cre~ghton Kenney Readshaw Williams, C. DiGirolamo Levdansky Ruffing Zimmerman Cruz Kirkland Reinard Williams, J. Diven Lewis Sainato zug Curry Krebs Rieger Wilt LEGISLATIVE JOURNALHOUSE

Dailey LaGrotta Robinson Wogan Individually, Ben Robinson took gold in the 500-yard Daley Laughlin Roebuck Wojnaroski Dally Lawless Rohrer Wright freestyle competition at states. Another gold medal was taken DeLuca Lederer Rooney Yewcic by the 200 medley relay team comprised of Shawn McLin, Dermody Leh Ross Youngblood Aaron Bums, Brad Lacey, and Jared Levan. The 400 free relay DeWeese Lescovitz Rubley Yudichak DiGirolamo Levdansky Ruffing Zimmerman team, with teammates Jared Levan, Oliver Horrigan, Ryan Holt, Diven Lewis Sainato zug and Shawn McLin, also brought home a gold medal for Donatucci Lucyk Samuelson Coach Snyder, assistant coach Chuck Bartlett, and diving coach Eachus Lynch Santoni Kathy Good. Egolf Mackereth Sather Ryan, Evans, D. Maher Saylor Speaker Other members of the team are seated in the back of the hall of the House. They include Steve Lynch - and if you could rise when I call your name, please - Chris Avedissian, Dan Ford, Pat Freestone, Bill Schneider, Rob Thomas, Andy Thompson, NOT VOTING4 Kevin Ford, Ben Hatt, Stephanie Lee, Avery Lesher, Drew Robinson, Andrew Bell, Scott Auchter, Alex Ollinger, and Dan Walley. And assisting the team as manager is Adam Walker. Wilson High School principal Dr. Gerald Armstrong Cohen, L. 1. Roberts Taylor, E. Z Slemmer is also with the team. Cappabianca So at this time I would like to ask all of my House colleagues to join me in welcoming the coaches, principal, and teammates of the Wilson High School swim team champions and give them The majority having voted in the affirmative, the question our traditional warm welcome. was determined in the affirmative and the resolution was Thank you, Mr. Speaker, and now I would like to present the adopted. House citation to the coach and the four senior members. The SPEAKER. The Chair thanks the lady. GUEST INTRODUCED LEAVE OF ABSENCE The SPEAKER. Allan Egolf has a special guest here with us today. Seated in the back of the House is Marine Sgt. The SPEAKER. The Chair returns to leaves of absence and Erich Max Klein. Sergeant Klein is the son of Erich and recognizes the gentleman, Mr. Veon, who requests that the Beth Klein. He has been in the Marine Corps since October of gentleman, Mr. JAMES, be put on leave for the balance of 1998 and was promoted to the rank of sergeant yesterday. Later today's session. Without objection, the leave will be granted. in April he will be deployed to the Marine Air Support The Chair hears no objection. Squadron 2 in Okinawa for at least a 1-year tour of duty. Sergeant, we are proud of you, we are proud of your organization, and we are very pleased to have you here. FINANCE COMMITTEE MEETING The SPEAKER. The Chair calls on the gentleman, WILSON HIGH SCHOOL Mr. Boyes, for the purpose of making an announcement. BOYS SWIM TEAM PRESENTED Mr. BOYES. Thank you, Mr. Speaker. At the call of the recess, for the luncheon recess, I am going The SPEAKER. The Chair recognizes the lady, Mrs. Miller. to call an immediate meeting of the House Finance Committee Mrs. MILLER. Thank you, Mr. Speaker. in room 40, East Wing; the House Finance Committee at the I am pleased to welcome to the hall of the House today the recess. team members and coaches of the Wilson High School boys The SPEAKER. The Chair thanks the gentleman. swim team, winners of the 2001 PIAA State AAA team championship. These young men have been consistent leaders in the water, winning the PIAA District 3 team championship INTERGOVERNMENTAL AFFAIRS and the Central Penn Interscholastic Swim League COMMITTEE MEETING championship 5 years in a row. In fact, this season marks their The SPEAKER. The gentleman, Mr. Raymond. fifth consecutive undefeated season, and their winning streak Mr. RAYMOND. Mr. Speaker, thank you. has now reached 65 straight dual meet victories. I would like to call a meeting of the Intergovernmental Standing behind me this morning are four senior members of Affairs Committee immediately at break in the back of the the team, and I would like them to just raise their hand when I House. call their name so you can recognize them: Oliver Horrigan, The SPEAKER. The Chair thanks the gentleman. Brad Lacey, Steve Lynch, and Ben Robinson. These exceptional swimmers and their teammates captured numerous State medals which they brought home to West Lawn GUESTS INTRODUCED in Berks County. Their cumulative effort secured the State title for Wilson, a goal that has stayed just beyond the fingertip reach The SPEAKER. The Chair is pleased to welcome to the hall of coach Roy Snyder for 37 years as head coach of the today a group of seventh and eighth grade students and their Bulldogs. choir director, Seth Gardner, from Haverford Middle School, located in Delaware County. They are the guests of the 554 LEGISLATIVE JOURNAL--HOUSE APRIL 3

gentleman, Mr. Vitali, and I will take credit for it, too, since HB 1177, PN 1364 By Rep. BARLEY they are from my county. The students have been invited to 1 1 and celebrate Arts in Education, and they are An Act making an appropriation from a restricted revenue account planning to sing at 12 noon in the rotunda. They are seated in within the General Fund to the Office of Consumer Advocate in the Office of Attorney General. the gallery. Will they please stand for recognition. APPROPRIATIONS. The Chair is about to declare a luncheon recess. Are there any further announcements? HB 1178, PN 1365 By Rep. BARLEY

APPROPRIATIONS COMMITTEE MEETING An Act making an appropriation from a restricted revenue account within the General Fund to the Office of Small Business Advocate in The SPEAKER. Mr. Barley. the Department of Community and Economic Development. Mr. BARLEY. Thank youi Mr. Speaker. If I could be recognized to call a committee meeting. APPROPRIATIONS. I would like to call for a meeting of the House Appropriations Committee immediately upon recess in the HB 1179, PN 1366 By Rep. BARLEY conference room of 245, please. The SPEAKER. The Chair thanks the gentleman. An Act making an appropriation to the Beacon Lodge Camp. There will be an Appropriations Committee meeting on the declaration of the recess. APPROPRIATIONS.

HB 1180, PN 1367 By Rep. BARLEY RECESS An Act making an appropriation from the Public School The SPEAKER. Any further business? Employees' Retirement Fund to provide for expenses of the Hearing none, this House will stand in recess until 1 o'clock, Public School Employees' Retirement Board for the fiscal year unless called back sooner by the Chair or extended by the Chair. July 1, 2001, to June 30, 2002, and for the payment of bills incurred and remaining unpaid at the close of the fiscal year ending June 30,2001. AFTER RECESS APPROPRIATIONS. The time of recess having expired, the House was called to order. HB 1181, PN 1368 By Rep. BARLEY

An Act making appropriations from the Workmen's Compensation BILLS REPORTED FROM COMMITTEES, Administration Fund to the Department of Labor and Industry and the CONSIDERED FIRST TIME, AND TABLED Department of Community and Economic Development to provide for the expenses of administering the Workers' Compensation Act, HB 167, PN 144 By Rep. HERMAN The Pennsylvania Occupational Disease Act and the Office of Small Business Advocate for the fiscal year July I, 2001, to June 30, 2002, and for the payment of bills incurred and remaining unpaid at the An Act amending the act of July 31, 1968 (P.L.805, No.247), close of the fiscal year ending June 30,2001. known as the Pennsylvania Municipalities Planning Code, further providing for plat approval. APPROPRIATIONS. LOCAL GOVERNMENT. HB 1182, PN 1369 By Rep. BARLEY HB 506, PN 544 By Rep. HERMAN An Act making an appropriation from the State Employees' An Act authorizing municipalities to adopt ordinances providing Retirement Fund to provide for expenses of the State Employees' for testing of sewage sludge on reclamation sites; providing for shared Retirement Board for the fiscal year July I, 2001, to June 30, 2002, and costs and for setback from residential areas; authorizing fines; and for the payment of bills incurred and remaining unpaid at the close of providing for exceptions. the fiscal year ending June 30,2001.

LOCAL GOVERNMENT. APPROPRIATIONS.

HB 1176, PN 1363 By Rep. BARLEY HB 1183, PN 1370 By Rep. BARLEY

An Act making an appropriation from a restricted revenue account An Act making appropriations from the Professional Licensure within the General Fund and from Federal augmentation funds to the Augmentation Account and from restricted revenue accounts within the Pennsylvania Public Utility Commission. General Fund to the Department of State for use by the Bureau of Professional and Occupational Affairs in support of the professional licensure boards assigned thereto. APPROPRIATIONS. APPROPRIATIONS. 200 1 LEGISLATIVE JOURNAL--HOUSE 555

By Rep. BARLEY 1 APPROPRIATIONS. An Act making an appropriation to the Pittsburgh Cleft Palate for 1 HB1193,PN1380 By Rep. BARLEY outpatient-inpatient treatment. An Act making an appropriation to the Arsenal Family and APPROPRIATIONS. Children's Center.

HB 1185, PN 1372 By Rep. BARLEY I APPROPRIATIONS.

An Act making an appropriation to the Bum Foundation, HB 1194, PN 1381 By Rep. BARLEY Philadelphia for outpatient and inpatient treatment. I An Act making an appropriation to the Everhart Museum in APPROPRIATIONS. I Scranton for operating expenses.

HB 1186, PN 1373 By Rep. BARLEY 1 APPROPRIATIONS.

An Act making an appropriation to the Fox Chase Institute for HB 1195, PN 1382 By Rep. BARLEY Cancer Research, Philadelphia, for the operation and maintenance of the cancer research program. An Act making appropriations to the Camegie Museums of Pittsburgh for operations and maintenance expenses and the purchase APPROPRIATIONS. of apparatus, supplies and equipment.

HB 1187, PN 1374 By Rep. BARLEY APPROPRIATIONS.

An Act making an appropriation to St. Francis Hospital, HB 1196, PN 1383 By Rep. BARLEY Pittsburgh, for cardiovascular studies. An Act making an appropriation to the African-American Museum APPROPRIATIONS. in Philadelphia for operating expenses.

HB 1188, PN 1375 By Rep. BARLEY APPROPRIATIONS.

An Act making an appropriation to The Children's Institute, HB 1197, PN 1384 By Rep. BARLEY Pittsburgh for treatment and rehabilitation of certain persons with disabling diseases. An Act making an appropriation to the Mercer Museum in Doylestown, Pennsylvania, for operating expenses. APPROPRIATIONS. APPROPRIATIONS. HB 1189, PN 1376 By Rep. BARLEY HB 1198, PN 1385 By Rep. BARLEY An Act making an appropriation to the Central Penn Oncology Group. An Act making an appropriation to the Franklin Institute Science Museum for maintenance expenses. APPROPRIATIONS. APPROPRIATIONS. HB 1190, PN 1377 By Rep. BARLEY HB 1199, PN 1386 By Rep. BARLEY An Act making an appropriation to The Children's Hospital of Philadelphia for comprehensive patient care and general maintenance and operation of the hospital. An Act making an appropriation to the Academy of Natural Sciences for maintenance expenses. APPROPRIATIONS. APPROPRIATIONS. HB 1191, PN 1378 By Rep. BARLEY HB 1200, PN 1387 By Rep. BARLEY An Act making an appropriation to the Lancaster Cleft Palate for outpatient-inpatient treatment. An Act making an appropriation to the Whitaker Center for Science and the Arts in Harrisburg, Pennsylvania, for operating expenses. APPROPRIATIONS. APPROPRIATIONS. HB 1192, PN 1379 By Rep. BARLEY HB 1201, PN 1388 By Rep. BARLEY An Act making appropriations to the Wistar Institute, Philadelphia, for operation and maintenance expenses and for research. An Act making appropriations to the Trustees of the University of Pennsylvania. 556 LEGISLATIVE JOURNAL-HOUSE APRIL 3

APPROPRIATIONS. HB 1210, PN 1397 By Rep. BARLEY 4 HB 1202, PN 1389 By Rep. BARLEY An Act making an appropriation to the Pennsylvania College of Optometry, Philadelphia. An Act making appropriations to the Philadelphia Health and Education Corporation for the MCP Hahnemann University and for APPROPRIATIONS. continuation of pediatric services. HB 1211, PN 1398 By Rep. BARLEY APPROPRIATIONS. A Supplement to the act of July 28, 1966 (3rd Sp.Sess., P.L.87, HB 1203, PN 1390 By Rep. BARLEY NO.^), entitled "An act providing for the establishment and operation of the University of Pittsburgh as an instrumentality of the Commonwealth to serve as a State-related university in the higher An Act making an appropriation to the Philadelphia College of education system of the Commonwealth; providing for change of Osteopathic Medicine, Philadelphia. name; providing for the composition of the board of trustees; terms of trustees, and the power and duties of such trustees; authorizing APPROPRIATIONS. appropriations in amounts to be fixed annually by the General Assemblv: ~rovidina for the auditine of accounts of expenditures from said appropGations; providing f; public support and HB 1204, PN 1391 By Rep. BARLEY capital improvements; authorizing the issuance of bonds exempt from taxation within the ~ommonweaith;requiring the chancellor to make An Act making appropriations to the Thomas Jefferson University, an annual report of the operations of the University of Pittsburgh," Philadelphia. making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated and for certain fiscal information APPROPRIATIONS. disclosure.

HB 1205, PN 1392 By Rep. BARLEY APPROPRIATIONS. An Act making an appropriation to the University of the Arts, Philadelphia, for instruction and student aid. HB 1212, PN 1399 By Rep. BARLEY A Supplement to the act of November 30, 1965 (P.L.843, No.355), APPROPRIATIONS. entitled "An act providing for the establishment and operation of Temple University as an instrumentality of the Commonwealth to serve HB 1206, PN 1393 By Rep. BARLEY as a State-related university in the higher education system of the Commonwealth; providing for change of name; providing for the An Act making an appropriation to the Trustees of composition of the board of trustees; terms of trustees, and the power Drexel University, Philadelphia. and duties of such trustees; providing for preference to Pennsylvania residents in tuition; providing for public support and capital improvements; authorizing appropriations in amounts to be fixed APPROPRIATIONS. annually by the General Assembly; providing for the auditing of accounts of expenditures from said appropriations; authorizing the issuance of bonds exempt From taxation within the Commonwealth; HB 1207, PN 1394 By Rep. BARLEY requiring the President to make an annual report of the operations of Temple University," making appropriations for carrying the same into An Act making an appropriation to the Johnson Technical Institute effect; providing for a basis for payments of such appropriations; and of Scranton for operation and maintenance expenses. providing a method of accounting for the funds appropriated and for certain fiscal information disclosure. APPROPRIATIONS. APPROPRIATIONS. HB 1208, PN 1395 By Rep. BARLEY HB 1213, PN 1400 By Rep. BARLEY An Act making appropriations to the Trustees of the Berean Training and Industrial School at Philadelphia for operation and A Supplement to the act of July 7, 1972 (P.L.743, No.176), maintenance expenses and for payment of debt service. entitled "An act providing for the establishment and operation of Lincoln University as an instrumentality of the Commonwealth to APPROPRIATIONS. serve as a State-related institution in the higher education system of the Commonwealth; providing for change of name; providing for the composition of the board of trustees; terms of trustees, and the power HB 1209, PN 1396 By Rep. BARLEY and duties of such trustees; providing for preference to Pennsylvania residents in tuition; authorizing appropriations in amounts to be fixed An Act making an appropriation to the Williamson Free School of annually by the General Assembly; providing for the auditing of Mechanical Trades in Delaware County for operation and maintenance accounts of expenditures from said appropriations; providing for public expenses. support and capital improvements; authorizing the issuance of bonds exempt from taxation within the Commonwealth; requiring the President to make an annual report of the operations of APPROPRIATIONS. Lincoln University," making appropriations for carrying the same into effect; providing for a basis for payments of such appropriations; and providing a method of accounting for the funds appropriated and for certain fiscal information disclosure. 200 1 LEGISLATIVE JOURNAL-HOUSE 557

APPROPRIATIONS. the emergency medical services system, and for duties of the Department of Health, the Pennsylvania Trauma Systems Foundation, the emergency medical services councils and the State Advisory HB 1214, PN 1401 BY Rep. BARLEY council.

A Supplement to the act of April 1, 1863 (P.L.213, No.227), LOCAL GOVERNMENT. entitled "An act to accept the grant of Public Lands, by the United States. to the several states. for the endowment of Aericultural Colleges," making appropriations for canying the same into cffect; and RULES COMMITTEE MEETING orovidine for a basis for payments of such appropriations, for a method 1 bf acco;nting for the 'finds appropriated and for certain fiscal information disclosure. The SPEAKER. The Chair recognizes the gentleman, Mr. Perzel, who calls for an immediate meeting of the APPROPRIATIONS. Rules Committee.

HB 1215, PN 1402 By Rep. BARLEY RESOLUTION REPORTED FROM COMMITTEE An Act providing for the capital budget for the fiscal year 2001 -2002. 1 HR 58, PN 782 By Rep. PERZEL

APPROPRIATIONS. A Resolution establishing a select committee to review the current need for an additional State veterans' home and to further identify SB 1, PN 848 (Amended) By Rep. BARLEY suitable sites for the possible establishment of a State veterans' home in central Pennsylvania. An Act to provide from the General Fund for the expenses of the Executive, Legislative and Judicial Departments of the RULES. Commonwealth, the public debt and for the public schools for the fiscal year July I, 2001, to June 30, 2002, for certain institutions and organizations, and for the payment of bills incurred and remaining LEAVE OF ABSENCE unpaid at the close of the fiscal year ending June 30, 2001; to provide appropriations from the State Lottery Fund, the Energy Conservation The SPEAKER. The Chair returns to leaves of absence and and Assistance Fund, the Hazardous Material Response Fund, The State Stores Fund, the Milk Marketing Fund, the Home Investment recognizes the gentleman, Mr. Veon, who requests that the Trust Fund, the Emergency Medical Services Operating Fund, gentleman from Philadelphia County, Mr. THOMAS, be placed the Tuition Payment Fund, the Banking Department Fund and the on leave for the balance of today's session. Without objection, Firearm Records Check Fund to the Executive Department; to provide the leave will be granted. The Chair hears no objection. appropriations from the Judicial Computer System Augmentation Account to the Judicial Department for the fiscal year July I, 2001, to June 30, 2002; to provide appropriations fiom the Motor License Fund BILL REMOVED FROM TABLE for the fiscal year July 1, 2001, to June 30, 2002, for the proper operation of the several departments of the Commonwealth and the Pennsylvania State Police authorized to spend Motor License Fund The SPEAKER. The Chair recognizes the gentleman, moneys; to provide for the appropriation of Federal funds to the Mr. Barley. Executive Department of the Commonwealth and for the establishment Mr. BARLEY. Mr. Speaker, I move that SB 1 as amended be of restricted receipt accounts for the fiscal year July 1, 2001, to taken from the table. June 30, 2002, and for the payment of bills remaining unpaid at the close of the fiscal year ending June 30, 2001. On the question, APPROPRIATIONS. Will the House agree to the motion? Motion was agreed to. SB 379, PN 392 By Rep. HERMAN BILLS REMOVED FROM TABLE An Act amending the act of February 1, 1966 (1965 P.L.1656, No.581), known as The Borough Code, further providing residency The SPEAKER. The Chair recognizes the gentleman, requirements for elective office and for vacancy appointments. Mr. Barley. Mr. BARLEY. Mr. Speaker, I move that the following bills LOCAL GOVERNMENT be taken from the table: BILL REPORTED AND REREFERRED TO COMMITTEE ON VETERANS AFFAIRS AND EMERGENCY PREPAREDNESS

HB 916, PN 1026 By Rep. HERMAN

An Act amending the act of July 3, 1985 (P.L. 164, No.45), known as the Emergency Medical Services Act, adding definitions; providing for duties of municipalities, counties and public service answering points, for certain civil immunity and for designation of quick response services; and further providing for legislative findings and intent, for LEGISLATIVE JOURNALHOUSE APRIL 3 -

HB 1186; On the question, HB 1187; Will the House adopt the resolution? HB 1188; HB 1 189; The following roll call was recorded: HB 1190; HB 1191; HB 1192; Adolph Evans, J. Maitland Say lor HB 1193; Allen Fairchild Major Schroder HB 1 194; Argall Feese Manderino Schuler HB 1195; Baker, J. Fichter Mann Scrimenti Baker, M. Fleagle Markosek Semmel HB 1 196; Bard Flick Marsico Shaner HB 1 197; Barley Forcier Mayernik Smith, B. HB 1198; Barrar Frankel McCall Smith, S. H. Bastian Freeman McGeehan Solobay HB 1 199; Bebko-Jones Gabig McGill Staback HB 1200; Belardi Gannon Mcl lhattan Stairs HB 1201; Belfanti Geist Mcllhinney Steelman Benninghoff George McNaughton Steil HB 1202; Birmelin Godshall Melio Stem HB 1203; Bishop Gordner Metcalfe Stetler HB 1204; Blaum GNC~~ Michlovic Stevenson. R. Boyes Gruitza Micozzie Stevenson, T. HB 1205; Browne Habay Miller, R. Strittmatter HB 1206; Bunt Haluska Miller, S. Sturla HB 1207; Butkovitz Hanna Mundy Surra HB 1208; Buxton Harhai Myers Tangretti Caltagirone Harhart Nailor Taylor, J. HB 1209; Cappelli Harper Nickol Tigue HB 1210; Casorio Hasay O'Brien Travaglio HB 1211; Cawley Hennessey Oliver Trello Civera Herman Pallone Trich HB 1212; Clark Hershey Perzel Tulli HB 1213; Clymer Hess Petrarca Vance HB 1214; and Cohen, M. Horsey Petrone Veon Colafella Hutchinson Phillips Vitali HB 1215. Coleman Jadlowiec Pickett Walko Cornell Josephs P~PPY Wansacz On the question, Corrigan Kaiser Pistella Washington Costa Keller Preston Waters Will the House agree to the motion? COY Kenney Raymond Watson Motion was agreed to. Cre~ghton Kirkland Readshaw Williams, C. Cr uz Krebs Reinard Williams, J. cuny LaGrona Rieger Wilt GUESTS INTRODUCED Dai le y Laughlin Robinson Wogan Daley Lawless Roebuck Wojnaroski Dally Lederer Rohrer Wright The SPEAKER. The Chair is pleased to welcome to the hall DeLuca Leh Rooney Yewcic of the House today Elaine Marsico, the wife of Representative Dermody Lescovitz Ross Youngblood Ron Marsico, here today with guests Natalie Ungaro and De Weese Levdansky Rubley Yudichak DiGirolamo Lewis Ruffing Zimmerman Alex Song, who happens to be Representative Marsico's Diven Lucyk Sainato zug godson. They are here today from Key Biscayne, Florida. Donatucci Lynch Samuelson Would the guests please rise. Eachus Mackereth Santoni Ryan, Egolf Maher Sather Speaker Also here today, as the guest of Representative Pippy, is Evans, D. Briana Din, a legislative intern in Representative Pippy's Moon district office. Briana is majoring in political science with related studies in economics. She will graduate shortly from the University of Pittsburgh. She is seated to the left of the Speaker. Would she please rise. NOT VOTING4 SUPPLEMENTAL CALENDAR B

RESOLUTION PURSUANT TO RULE 35 Armstrong Cohen, L. I. Roberts Thomas 2. Mr. CLYMER called up HR 141, PN 1478, entitled: Cappabianca James Taylor, E.

A Resolution declaring April 2001 as "National Auctioneers Month in Pennsylvania. The majority having voted in the affumative, the question was determined in the affirmative and the resolution was adopted. 200 1 LEGISLATIVE JOURNAG--HOUSE 559

CALENDAR CONTINUED Since its enactment in 1992, this program has provided a means by which parents can save for their children's education by BILL ON THIRD CONSIDERATION making payments into a TAP account. My amendment, which has the support of State Treasurer Barbara Hafer, allows The House proceeded to third consideration of HB 256, account holders to take the tax credit either in the year the PN 1194, entitled: payment is made or in the year in which payment is made to the school being attended. Pennsylvania is bordered by States that An Act amending the act of March 4, 197 1 (P.L.6, NO.^), known already offer such a tax credit for citizens who save through a as the Tax Reform Code of 197 1, further providing for personal income State-sponsored college savings program, including the States tax definitions; and providing for a higher education credit against of New York, Maryland, Ohio, and West Virginia, along with personal income tax. the Commonwealth of Virginia. On the question, I will appreciate your affirmative vote on my amendment. Will the House agree to the bill on third consideration? Thank you, Mr. Speaker. The SPEAKER. The gentleman, Mr. Coy. Mrs. MILLER offered the following amendment No. Mr. COY. Thank you, Mr. Speaker. A0786: Mr. Speaker, I support the amendment, and I congratulate the lady on working with the Treasurer of the Commonwealth and Amend Sec. 2 (Sec. 304.1), page 3, by inserting between lines 12 on the tuition assistance program. and 13 Certainly when we wrote the bill, there was not any intention id) (1) A taxvaver shall be eligible for the credit under this to exclude folks who participate in this program, but your section for any payments made by such taxvayer into a tuition account amendment makes it clear that they are included, and I offer owned by the taxpayer that meets the recluirements of the act of support for it. April 3. 1992 (P.L.28, No.1 I), known as the "Tuition Account Programs and College Savings Bond Act." On the question recurring, /2) The amount of the credit shall be the per cent svecified in Will the House agree to the amendment? section 302(a)(2) or (b)(2) times up to five thousand dollars ($5,000) of the annual amount of vavments vlaced into the tuition account. (3) In the event the tuition account is not utilized by the The following roll call was recorded: beneficiary of the account for the Payment of tuition in accordance with the "Tuition Account Programs and College Savings Bond Act," an amount e~ualto the total credits received under this section shall be transferred to the Department of Revenue from the refund of the tuition Adolph Evans, J. Maitland Saylor Allen Fairchild Major Schroder account aid by the State Treasurer. Such transfer shall occur in Argall Feese Manderino Schuler accordance with regulations vromulnated by the Department of Baker, J. Fichter Mann Scrimenti Revenue, in consultation with the Treasury Devartment. Baker, M. Fleagle Markosek Semmel 14) Payment by the Treasury Devartment from a tuition account Bard Flick Marsico Shaner to an institution for tuition shall be eligible for credit under subsection Barley Forcier Mayernik Smith. B. Barrar Frankel McCall Smith, S. H (b). provided that the requirements of subsection (b) are satisfied and Bastian Freeman McGeehan Solobay that the amount of the credit is reduced by the amount of credit. if any, Bebko-Jones Gabig McGill Staback that the taxpayer has received for vavments into the tuition account Belardi Gannon Mcl lhattan Stairs under this subsection. Belfanti Geist Mcllhinney Steelman Amend Sec. 2 (Sec. 304.1), page 3, line 13, by striking out ''D' Beminghoff George McNaughton Steil Birmelin Godshall Melio Stem and inserting Bishop Gordner Metcalfe Stetler Blaum Grucela Michlovic Stevenson, R. Boyes Gruitza Micozzie Stevenson, T. On the question, Browne Habay Miller, R. Strittmatter Bunt Haluska Miller, S. Sturla Will the House agree to the amendment? Butkovitz Hanna Mundy Surra Buxton Harhai Myers Tangretti The SPEAKER. On the question of the adoption of the Caltagirone Harhart Nailor Taylor, J. Cappelli Harper Nickol Tigue Miller amendment, Mrs. Miller. Casorio Hasay O'Brien Travaglio Mrs. MILLER. Thank you, Mr. Speaker. Cawley Hennessey Oliver Trello I am offering amendment- Civera Herman Pallone Trich Clark Hershey Perzel Tulli The SPEAKER. Will the lady yield. Clymer Hess Petrarca Vance Please, conferences to the right of the Speaker, conferences Cohen, M. Horsey Petrone Veon on the side aisle, please break up. Would the Sergeants at Arms Colafel la Hutchinson Phillips Vitali Coleman Jadlowiec Pickett Walko be good enough to move the people from the rear of the rail. Cornell Josephs P~PPY Wansacz Mrs. Miller. Corrigan Kaiser Pistella Washington Mrs. MILLER. Thank you, Mr. Speaker. Costa Keller Preston Waters COY Kenney Raymond Watson I am offering amendment 0786 to HB 256 in order to expand Cre~ghton Kirkland Readshaw Williams, C. upon my colleague from Franklin County's efforts to encourage Cruz Krebs Reinard Williams, J. people to invest in their children's or their spouse's higher Cuny LaGrotta Rieger Wilt Dailey Laughlin Robinson Wogan education by providing a tax credit. Daley Lawless Roebuck Wojnaroski My amendment authorizes this tax credit to also apply to Dally Lederer Rohrer Wright investments made in Pennsylvania's Tuition Account Program. DeLuca Leh Rooney Yewcic 560 LEGISLATIVE JOURNAC--HOUSE APRIL 3

Dermody Lescovitz Ross Youngblood afford a college education by excluding some of those payments De Weese Levdansky Rubley Yudichak in a very small way from the State income tax is reasonable. 4 DiGirolamo Lewis Ruffing Zimmerman Diven Lucyk Sainato zug Mr. NICKOL. All right. Mr. Speaker, I am not aware of any Donatucci Lynch Samuelson similar personal income tax exemptions except those outlined in Eachus Mackereth Santoni Ryan. section 2 of the Constitution. However, perhaps maybe for my Egolf Maher Sather Speaker Evans, D. better understanding of your interpretation of the uniformity clause, you might tell me, how would this pertain, for example, if I wanted to provide a tax exemption, a similar tax exemption, for someone who sends their children to a private or parochial NOT VOTING4 school in grades K through 12? Mr. COY. With regard to the public school system and with regard to payment for higher education, I believe certainly that we have made certain exclusions for poverty and for folks in Armstrong Cohen, L. 1. Roberts Thomas those categories. This may well fit into that as part of the reason Cappabianca James Taylor, E. Z. for this exemption, but I truly believe that we need to come more from a point of view of where there is need in general, and the General Assembly I think has the right to recognize the need The majority having voted in the affirmative, the question of the expense of college education and fit it into a category of was determined in the affirmative and the amendment was an exclusion. agreed to. Mr. NICKOL. Mr. Speaker, the poverty exemption is right in the Constitution. I am curious, though. The sponsor did not On the question, answer my question. I mean, would a similar interpretation that Will the House agree to the bill on third consideration as he has given to the uniformity clause allow for a parent who amended? sends their children to private or parochial school to receive a Bill as amended was agreed to. similar tax exemption? Mr. COY. I am not sure for the reason for the separation, The SPEAKER. This bill has been considered on three Mr. Speaker. My concern in the introduction of this legislation different days and agreed to and is now on final passage. is to provide some tax relief for folks who are paying higher The question is, shall the bill pass finally? costs for higher education. It is pretty simple, direct, and straightforward. The gentleman, Mr. Nickol. Now, if we are looking for a constitutional reason to be Mr. NICKOL. Thank you, Mr. Speaker. against it, then I think you could probably find it. I do not Would the sponsor of this bill please consent to happen to have a problem with it, and I do not believe that the interrogation? Constitution provides a problem for it, and I think in this The SPEAKER. The gentleman, Mr. Coy, indicates he will instance it is very acceptable. stand for interrogation. The gentleman may begin as soon as we Mr. NICKOL. Setting aside the question of constitutionality, get order in the House. Mr. Speaker, for the moment, I would like to better understand Now, there are entirely too many staff people on the floor. If this amendment. According to the fiscal note, I understand this they are going to be on the floor, they are going to be here costs the Commonwealth $39.1 million in the first year alone. without holding conversations. Now, is my understanding correct of the legislation that the Mr. Nickol. maximum per-taxpayer exemption with the $5,000 limit and the Mr. MCKOL. Thank you. 2.8-percent personal income tax amounts to $140 a year? I would like to briefly read Article VIII, section 1, of the Mr. COY. If you said $140 is the calculation that we have Constitution of Pennsylvania, the so-called uniformity of come up with, then that is correct. taxation clause. "All taxes shall be uniform, upon the same class Mr. MCKOL. Okay. If we took that $39.1 million and put it of subjects, within the territorial limits of the authority levying into PHEAA, the Pennsylvania Higher Education Assistance the tax, and shall be levied and collected under general laws." Agency, could we not get the same amount of financial aid Following that section 1, there is section 2, which lists a series directly into the hands of students and their families without this of exemptions and special provisions to the uniformity clause. tax exemption? I was wondering if the sponsor could please explain, in light Mr. COY. The answer to the question is, I do not know, of the general interpretation of this clause as preventing special Mr. Speaker. I suspect, however, that because we are doing this personal income tax exemptions like he is proposing, I would only on the first $5,000 and not on the whole amount, that that like him to explain how his bill meets the requirements of the would differentiate it from a PHEAA grant or loan or whatever uniformity clause, if he could. assistance from the Pennsylvania Higher Education Assistance Mr. COY. Well, Mr. Speaker, let me say that I do not Agency. consider myself to be a constitutional expert, but I will say that I look at this, Mr. Speaker, as one more opportunity to help we have provided other deductions on the State income tax. The Pennsylvanians who are struggling to pay the cost of higher General Assembly has specifically provided for them. I do not education. I have a lot of constituents who tell me, Mr. Speaker, have them in front of me, but 1 believe that in today's age where that they cannot qualify for PHEAA grants or loans, that they the costs of public and private higher education continue to fall under certain income categories or whatever that does not expand, that the more opportunities we afford our citizens to allow them to qualify for these grants and loans. And so my LEGISLATIVE JOURNAL--HOUSE attempt in this legislation is to provide one more opportunity for Madam Speaker, I am going to support this bill even though us to address the needs of educating students by Pennsylvania I do not believe in it, and I do not believe in it because I do not families, and I think the legislation provides some of that relief. think it goes far enough. Taxpayers, Madam Speaker, should get Mr. NICKOL. Mr. Speaker, I just received a letter from a all the relief that they can get, and we should be, in the State of young lady from York who attends Mansfield University, and Pennsylvania, sending our kids to colleges and universities at no she made a plea to me that we should increase the aid, the cost, free to taxpayers. So how do we pay for this right? institutional aid, to the State System of Higher Education and Madam Speaker, we pay for it by saying, go to school for other State related and owned schools, that that would lower 4 years; we owe you a certificate, and you work in the State of tuition, which is apparently causing a strain for her and her Pennsylvania for 5 years - for 5 years - and then we give you family. Would not putting this $39.1 million into institutional your, quote, "degree" or "license." That way we do not have to aid work to lower tuitions for the students from Pennsylvania worry about a brain drain that is taking place right now. attending those institutions? In the State of Pennsylvania, there are very few other States Mr. COY. Well, Mr. Speaker, when you provide aid to that have more colleges and universities than Pennsylvania. institutions, you necessarily limit the student's ability to go to Pennsylvania is probably in the top 2 or 3 out of the 50 States, the school that he or she chooses, and while we do provide for Madam Speaker, and one of the chief problems is, once students institutional grants and aids, IAGs (institutional assistance get their education in the State of Pennsylvania, they leave. We grants) through PHEAA, and provide especially our private need to create an incentive for them to stay, Madam Speaker. institutions in Pennsylvania with a lot of aid and assistance, I So I believe that this particular bill, which gives tax credits to feel that there are times when the aid that goes directly to individual citizens, to individual people versus institutions like students or to students' families who are paying the tuition bills, PHEAA - okay? - gives it to individual citizens, is good I feel that many times that is much more, much more helpful to legislation, but I do not believe it goes far enough, but for right the individual family. now I will take what I can get, and as a result of this particular I am interested in this legislation in helping families who pay bill that is being put forth, I support it, Madam Speaker, and I tuition bills. I think we provide a great deal of assistance to would urge all my colleagues to support HB 256. Thank you, institutions through PHEAA, which we all understand to be a Madam Speaker. wonderful program, but I feel this bill is aimed at families who The SPEAKER pro tempore. Before we recognize any more pay State income tax, and it is an attempt to give them some sort speakers, there is an inordinate amount of noise on the House of break, albeit very small, but some sort of a break as they floor, particularly with staff that is on the floor. Could we please attempt to afford the cost of higher education. have some quiet and courtesy to the members who are trying to Mr. NICKOL. Thank you. be heard. The Chair recognizes the gentleman from Elk County, THE SPEAKER PRO TEMPORE Mr. ,Surra. (PATRICIA H. VANCE) PRESIDING Mr. SURRA. Thank you, Madam Speaker. Madam Speaker, I rise in support of HB 256. Mr. NICKOL. Madam Speaker, I have completed my All of us get the phone calls every year from working interrogation. I would like to offer some brief remarks. families who do not receive any help from PHEAA because The SPEAKER pro tempore. You may proceed. their family income is just over the amount, where their child, Mr. NICKOL. I am not against helping students and their trying to get a college education, they lack the financial families to help pay for the cost of college tuition and I certainly assistance that we provide. I thlnk HB 256, by providing a tax do not want my vote misinterpreted, so I am offering these credit, goes a long way in providing that assistance for all remarks, but HB 256 is clearly subject to challenge for working Pennsylvanians that have children in college. constitutionality under the uniformity clause. I, for one, I think it is a great idea; it is a good concept, and it is consider the uniformity clause to be of great significance, something that this body should support. because I feel it has served us well by keeping a tax like the On the questions of the uniformity clause in the personal income tax simple and fair in the minds of the average Pennsylvania Constitution, there is already language in our taxpayer. In fact, it has protected us from all kinds of raids on Pennsylvania Constitution which differentiates between basic ed the public treasury by means of tax exemptions. We clearly and higher education as far as the expenditure of tax dollars, and have constitutional alternatives at hand to accomplish this same I think one could very easily extrapolate that to the next step, purpose - PHEAA, direct institutional aid, and things of that also differentiating between basic ed and higher ed for sort. providing a tax credit. For this reason I intend to vote against HB 256 and the So in the interest of helping the working people of challenge it presents to the uniformity clause of the Constitution Pennsylvania being able to afford a little bit easier way to send of Pennsylvania. Thank you, Madam Speaker. their kids to college, I would encourage an affirmative vote. The SPEAKER pro tempore. The Chair recognizes the Thank you, Madam Speaker. gentleman from Philadelphia, Mr. Horsey. The SPEAKER pro tempore. The Chair recognizes the Mr. HORSEY. Thank you, Madam Speaker. gentleman from Beaver County, Mr. Colafella. Madam Speaker, I rise to support HB 256, and I am a little Mr. COLAFELLA. Thank you, Madam Speaker. amazed at the last comments I heard about placing tax dollars in Madam Speaker, I rise to support HB 256. centralized government agencies coming from that side of the In so many States today they are doing so much so that aisle. I am just amazed at those comments, Madam Speaker. parents can afford higher education. For example, just recently in the State of Florida, if a person is committed to teach 4 years 562 LEGISLATIVE JOURNAGHOUSE APRIL 3 r in Florida after they graduate, their tuition is completely paid The SPEAKER pro tempore. Agreeable to the provisions of , for by the State of Florida. the Constitution, the yeas and nays will now be taken. This tuition tax credit bill that is proposed by Representative Coy is a great idea. It is one more way that we can help The following roll call was recorded: Pennsylvanians afford higher education for their children. Pennsylvania's State-owned and State-related universities have YEAS183 the highest tuition in the country, and this is just one way we Adolph Evans, J. Major Schroder can help the parents in Pennsylvania to better afford to send Allen Fairchild Manderino Schuler their children to college. Thank you, Madam Speaker. Argall Feese Mann Scrimenti The SPEAKER pro tempore. The Chair recognizes the Baker, J. Fichter Markosek Semmel Baker, M. Fleagle Marsico Shaner gentleman from Northampton, Mr. Grucela. Bard Flick Mayernik Smith, B. Mr. GRUCELA. Thank you, Madam Speaker. Barley Frankel McCall Smith. S. H. I, too, rise in support of HB 256, pretty much for the same Barrar Freeman McGeehan Solobay Bebko-Jones Gabig McGill Staback reasons that have been just stated by Representative Surra and Belardi Gannon Mcllhattan Stairs Representative Colafella. Belfanti Geist Mcllhinney Steelman In this day and age when many of us receive, as Birmelin George McNaughton Steil Bishop Godshall Melio Stetler Representative Surra said, from the working families in the BIaum Gordner Metcalfe Stevenson, R. State of Pennsylvania, the cost of higher education has been Boyes Grucela Michlovic Stevenson, T. escalating and going through the roof. Anything that we can do Browne Gruitza Micozzie Strittmatter Bunt Habay Miller, S. Sturla to provide some relief to working-class families and taxpayers, Butkovitz Haluska Mundy Surra as this bill does, is certainly a benefit to not only the paying, Buxton Hanna Myers Tangretti taxpaying parents, but certainly those students that will make Caltagirone Harhai Nailor Taylor, J. Cappelli Harhart 0' Brien Tigue this State a better State as they begin their higher education, get Casorio Harper Oliver Travaglio their degrees, and hopefully, we can keep them here in the great Cawley Hasay Pallone Trello State of Pennsylvania. Civera Hennessey Perzel Trich Clark Herman Petrarca Tulli So I rise and ask my colleagues to support HB 256. Clymer Hershey Petrone Veon Thank you, Madam Speaker. Cohen, M. Hess Phillips Vitali The SPEAKER pro tempore. The Chair recognizes the Colafella Horsey Pickett Walko Coleman Hutchinson P~PPY Wansacz gentleman, Mr. Coy, from Franklin County. Comell Jadlowiec Pistella Washington Mr. COY. Thank you, Madam Speaker. Corrigan Josephs Preston Waters Madam Speaker, I first want to take this opportunity to thank Costa Kaiser Raymond Watson the chairman of the Committee on Finance, Mr. Boyes, and the coy Keller Readshaw Williams, C. Cre~ghton Kenney Reinard Williams, .I. Democratic chairman, Mr. Trello, for their support in reporting Cruz Kirkland Rieger Wilt this bill from the Finance Committee and along with me seeing cum Krebs Robinson Wogan the need, as many others in the Assembly do, and to the Dailey LaGrotta Roebuck Wojnaroski Daley Laughlin Rohrer Wright majority leader for scheduling the bill for consideration. Dally Lawless Rooney Yewcic Madam Speaker, I do not think any of us can argue that the DeLuca Lederer Ross Youngblood costs of higher education, both public and private, have Dermody Lescovitz Rubley Yudichak De Weese Levdansky Ruffing Zimmerman increased. We all know it; we all understand it. The question is, DiGirolamo Lewis Sainato zug how can we help in the Assembly with those costs? Now, we do Diven Lucyk Samuelson appropriate a lot of dollars to PHEAA and we appropriate a lot Donatucci Maher Santoni Ryan, Eachus Maitland Sather Speaker of dollars to institutions and to the State System of Higher Evans, D. Education, and those dollars are well spent, well managed, and provide great opportunities for students in Pennsylvania. This bill is aimed at helping families who pay the State income tax - that we levy, incidentally - and a recognition that Bastian Forcier Mackereth Say lor part of those dollars could be used as a credit toward the Benninghoff Leh Miller, R. Stem Egolf Lynch Nickol Vance payment of tuition tax dollars. It just makes sense to me that as we have the opportunity to be helpful and to encourage higher NOT VOTING0 education, that we should take this small step in saying part of the income tax that working families in Pennsylvania pay be set aside as a credit toward helping with the future of important Pennsylvanians, the students and the future students of the Armstrong Cohen, L. 1. Roberts Thomas Commonwealth who will be our leaders, and I respectfilly Cappabianca James Taylor, E. Z. request the support of the Assembly on this matter. It is good legislation, and its time has come. Thank you, Madam Speaker. The majority required by the Constitution having voted in the affirmative, the question was determined in the affirmative On the question recurring, and the bill passed finally. Shall the bill pass finally? Ordered, That the clerk present the same to the Senate for concurrence. 200 1 LEGISLATIVE JOURNAb-HOUSE 563

LEAVE OF ABSENCE Belfanti Gannon McI lhinney Steelman I Benninghoff Geist McNaughton Steil Birmelin George Melio Stem The SPEAKER pro tempore. The Chair returns to leaves of Bishop Godshal l Metcalfe Stetler absence and recognizes the majority whip, who asks that the Blaum Gordner Michlovic Stevenson, R Boyes Grucela Micozzie Stevenson, T gentleman, Mr. JADLOWIEC, be put on leave for the Browne Gruitza Miller, R. Strittmatter remainder of today. Bunt Habay Miller. S. Sturla Butkovitz Haluska Mundy Surra Buxton Hanna Myers Tangretti BILLS ON THIRD CONSIDERATION Caltagirone Harhai Nailor Taylor, J. Cappel l i Harhart Nickol Tigue Casorio Harper 0' Brien Travaglio The House proceeded to third consideration of HB 127, Cawley Hasay Oliver Trello PN 111, entitled: Civera Hennessey Pallone Trich Clark Herman Perzel Tulli An Act amending the act of March 4, 1971 (P.L.6, NO.^), known Clymer Hershey Petrarca Vance as the Tax Reform Code of 1971, further providing for exclusions from Cohen, M. Hess Petrone Veon sales and use tax. Colafella Horsey Phillips Vitali Coleman Hutchinson Pickett Walko Cornell Josephs P~PPY Wansacz On the question, Corrigan Kaiser Pistella Washington Will the House agree to the bill on third consideration? Costa Keller Preston Waters Coy Kenney Raymond Watson Creighton Kirkland Readshaw Williams, C. Cruz Krebs Reinard Williams, J. BILL RECOMMITTED Cuny LaGrotta Rieger Wilt Dailey Laughlin Robinson Wogan The SPEAKER pro tempore. The Chair recognizes the Daley Lawless Roebuck Wojnaroski majority leader. Dally Lederer Rohrer Wright DeLuca Leh Rooney Yewcic Mr. PERZEL. Madam Speaker, I move that HB 127, Dermody Lescovitz Ross Youngblood PN 1 1 1, be recommitted to the Finance Committee. De Weese Levdansky Rubley Yudichak DiGirolamo Lewis Ruffing Zimmerman Diven Lucyk Sainato zug On the question, Donatucci Lynch Sam~~elson Will the House agree to the motion? Eachus Mackereth Santoni Ryan, Motion was agreed to. Egolf Maher Sather Speaker

The House proceeded to third consideration of HB 599, NOT VOTING4 PN 656, entitled:

An Act amending the act of December 14, 1992 (P.L.835, No.134), known as the Fraternal Benefit Societies Code, further Armstrong Cohen, L. 1. James Taylor, E. Z. providing for licensing of agents. Cappabianca Jadlowiec Roberts Thomas

On the question, Will the House agree to the bill on third consideration? The majority required by the Constitution having voted in Bill was agreed to. the affirmative, the question was determined in the affirmative and the bill passed finally. The SPEAKER pro tempore. This bill has been considered Ordered, That the clerk present the same to the Senate for on three different days and agreed to and is now on final concurrence. passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. THE SPEAKER (MATTHEW J. RYAN) PRESIDING The following roll call was recorded:

The House proceeded to third consideration of HB 96, Adolph Evans, D. Maitland Saylor PN 1073, entitled: Allen Evans, J. Major Schroder Argail Fairchild Manderino Schuler An Act amending Title 20 (Decedents, Estates and Fiduciaries) of Baker, J. Feese Mann Scrimenti the Pennsylvania Consolidated Statutes, further providing for advance Baker, M. Fichter Markosek Semmel directives for health care definitions and emergency medical services; Bard Fleagle Marsico Shaner and providing for out-of-hospital nonresuscitation. Barley Flick Mayemik Smith, B. Barrar Forcier McCall Smith, S. H. Bastian Frankel McGeehan Solobay On the question, Bebko-Jones Freeman McGill Staback Will the House agree to the bill on third consideration? Belardi Gabig Mcllhattan Stairs LEGISLATIVE JOURNAG--HOUSE

Mr. COHEN offered the following amendment No. A0936: Cappelli Harhan Nickel Tigue Casorio Harper O'Brien Travaglio Cawley tlasay Oliver Trello Amend Title, page I, line 2, by inserting after "for" Civera Hennessey Pallone Tricli the family exemptions and for Clark Herman Perzel Tulli Amend Bill, page 1, lines 8 through 10, by striking out all of said Clymer Hershey Petrarca Vance lines and inserting Colien, M. Hess Petronc Veon Colafella Horsey Phillips Vitali Section 1. Section 3121 of Title 20 of the Pennsylvania Coleman Hutchinson Pickett Walko Consolidated Statutes is amended to read: Cornell Josephs P~PPY Wansacz 31 21. When allowable. Corrigan Kaiser Pistella Washington {a) General rule.-The spouse of any decedent dying domiciled in Costa Keller Preston Waters the Commonwealth, and if there be no spouse. or if he has forfeited his COY Kenney Raymond Watson rights, then such children as are members of the same household as the Creighton Kirkland Readsliaw Williams. C. Cruz Krebs Reinard Williams, J. decedent, and in the event there are no such children, then the parent or CUT LaGrotta Rieger Wilt parents of the decedent who are members of the same household as the Dailey Laughlin Robinson Wogan decedent, may retain or claim as an exemption either real or personal Daley Lawless Roebuck Wojnaroski property, or both, not theretofore sold by the personal representative, to Dally Lederer Rohrer Wright DeLuca Leh Rooney Yewcic the value of $3,500: Provided, That property specifically devised or Dermody Lescovitz Ross Youngblood bequeathed by the decedent, or otherwise specifically disposed of by De Weese Levdansky Rubley Yudichak him, may not be so retained or claimed if other assets are available for DiGirolamo Lewis Rufling Zimmerman the exemption. The surviving husband or wife shall be a competent Diven Lucyk Sainato zug witness as to all matters pertinent to the issue of forfeiture of the right Donatucci Lynch Samuelson to exemption. Eachus Mackereth Santoni Ryan. Egolf Maher Sather Speaker ib) Additional exemvtion amount.-In addition to the family exemption amount vrovided for in subsection (a), there shall be an exem~tionof $2.000 if the decedent executed an anatomical gift of all or Dart of his or her body. Section 1 .I. The definition of "declarant" in section 5403 of NOT VOTING4 Title 20 is amended to read:

On the question, Will the House agree to the amendment? Arnistrong Cohen. L. I. .lames Taylor, E. Z. Cappabianca Jadlowiec Roberts Thomas The SPEAKER. On the question of the adoption of the Cohen amendment, the Chair recognizes the gentleman from Philadelphia County. The majority having voted in the affirmative, the question Mr. COHEN. Thank you, Mr. Speaker. was determined in the affirmative and the amendment was Mr. Speaker, this is an agreed-to amendment. agreed to. What it does is it gives a small encouragement through the inheritance tax system for families and individuals to be On the question, organ donors. I would urge your support of this amendment. Will the House agree to the bill on third consideration as amended? On the question recurring, Bill as amended was agreed to. Will the House agree to the amendment? The SPEAKER. This bill has been considered on three The following roll call was recorded: different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. Adolph Evans, D. Maitland Say lor Allen Evans, J. Major Schroder Argall Fairchild Manderino Schuler The following roll call was recorded: Baker, .I. Feese Mann Scrimenti Baker. M. Fichter Markosek Semmel Bard Fleagle Marsico Shaner Barley Flick Mayemik Smith, B. Adolph Evans, D. Maitland Say lor Barr ar Forcier McCall Smith, S. H. Allen Evans. J. Major Schroder Bastian Frankel McGeehan Solobay Argall Fairchild Manderino Schuler Bebko-Jones Freeman McGill Staback Baker. J. Feese Mann Scrimenti Belardi Gabig Mcllhattan Stairs Baker, M. Fichter Markosek Semmel Belfanti Gannon Mcllhinney Steel man Bard Fleagle Marsico Shaner Benninghoff Geist McNaughton Steil Barley Flick Mayernik Smith, B. Birmelin George Melio Stem Bal~ar Forcier McCall Smith, S. H. Bishop Godshall Metcalfe Stetler Bastian Frankel McGeehan Solobay Blaum Gordner Michlovic Stevenson. R Bebko-Jones Freeman McGill Staback Boyes Grucela Micozzie Stevenson, T. Belardi Gabig Mcl lhattan Stairs Browne Gruitza Miller. R. Strittmatter Belfanti Gannon Mcllhinney Steelnian Bunt Habay Miller, S. Sturla Benninghoff Geist McNa~~ghton Steil Butkovitz Haluska Mundy Surra Birmelin George Melio Stem Buxton Hanna Myers Tangretti Bishop Godshall Metcalfe Stetler Caltagirone Harhai Nailor Taylor, J. Blaum Gordner Miclilovic Stevenson, R - 2001 LEGISLATIVE JOURNAhHOUSE 565

Boyes Grucela Micozzie Stevenson, T. On the question, Browne Gruitza Miller, R. Strittmatter Bunt Habay Miller, S. Sturla Will the House agree to the motion? Butkovitz Haluska Mundy Surra Motion was agreed to. Buxton Hanna Myers Tangretti Caltagirone Harhai Nailor Taylor, J. Cappelli Harhart Nickol Tigue Casorio Harper 0' Brien Travaglio Cawley Hasay Oliver Trello The House proceeded to third consideration of HB 429, Civera Hennessey Pallone Trich Clark Herman Perzel Tulli PN 466, entitled: Clymer Hershey Petrarca Vance Cohen, M. Hess Petrone Veon An Act amending Title 18 (Crimes and Offenses) of the Colafel la Horsey Phillips Vitali Pennsylvania Consolidated Statutes, further providing for deceptive or Coleman Hutchinson Pickett Walko I fraudulent business practices. Cornell Josephs P~PPY Wansacz Comgan Kaiser Pistella Washington Costa Keller Preston Waters On the question, COY Kenney Raymond Watson Will the House agree to the bill on third consideration? Cre~ghton Kirkland Readshaw Williams, C. Cruz Krebs Reinard Williams, J. Mr. GEORGE offered the following amendment No. CUT LaGrona Rieger Wilt I Daiiey Laughlin Robinson Wogan I A0897: Daley Lawless Roebuck Wojnaroski Lederer Rohrer Wright Dally I De Luca Leh Rooney Yewcic Amend Title, page I, line 3, by removing the period after Dermody Lescovitz Ross Youngblood "practices" and inserting De Weese Levdansky Rubley Yudichak ; prohibiting certain billing practices of DiGirolamo Lewis Ruffing Zimmerman long-distance telephone service providers; and Diven Lucyk Sainato zug imposing penalties. Donatilcci Lynch Samuelson Eachus Mackereth Santoni Ryan, Amend Bill, page 6, by inserting between lines 1 1 and 12 Egolf Maher Sather Speaker Section 2. Title 18 is amended by adding a section to read: 6 7330. Prohibition of certain billing practices of lone-distance telephone service ~roviders. (a) Offense.-No person shall bill a residential telephone service consumer for more than one month in advance for long-distance telephone service fees or charges without the consumer's prior written a~aroval. NOT VOTING4 /b) Penalty.-A Derson who violates subsection (a) commits a

summary offense and shall. uDon conviction. be sentenced to .pay . a fine of $100.~ Amend Sec. 2, page 6, line 12, by striking out "2" and inserting 3 Armstrong Cohen, L. I. James Taylor, E. Z. Cappabianca Jadlowiec Roberts Thomas On the question, Will the House agree to the amendment?

The majority required by the Constitution having voted in The SPEAKER. On the question of the adoption of the the affirmative, the question was determined in the affirmative George amendment, the Chair recognizes Mr. George. and the bill passed finally. Mr. GEORGE. Mr. Speaker, is this 978? Ordered, That the clerk present the same to the Senate for The SPEAKER. 897. concurrence. AMENDMENT WITHDRAWN

Mr. GEORGE. Mr. Speaker, I am going to pull 897. The House proceeded to third consideration of HB 220, The SPEAKER. The gentleman, Mr. George, withdraws PN 207, entitled: from consideration amendment 897 and offers- What amendment are you offering then? An Act amending Title 42 (Judiciary and Judicial Procedure) of Mr. GEORGE. 978. the Pennsylvania Consolidated Statutes, further providing for The SPEAKER. -978. jurisdiction and venue of district justices. On the question recurring, On the question, Will the House agree to the bill on third consideration? Will the House agree to the bill on third consideration? Mr. GEORGE offered the following amendment No. BILL RECOMMITTED 1 A0978: The SPEAKER. The Chair recognizes the majority leader. Amend Sec. 1 (Sec. 4107), page 2, by inserting between lines 21 Mr. PERZEL. Mr. Speaker, I move that HB 220 be and 22 recommitted to Rules. 566 LEGISLATIVE JOURNALHOUSE APRIL 3 '

16.1) makes a false or misleading statement to a Caltagirone Haluska Pallone Tigue Commonwealth agencv or a regional transmission organization Casorio Hanna Petrarca Travaglio > for the Dut-uose of manipulating the price of electricity; Cawley Harhai Petrone Trel lo Cohen, M. Josephs Pistella Trich Colafella Kaiser Preston Veon On the question, Corrigan Kirkland Readshaw Vitali Will the House agree to the amendment? Costa LaGrotta Rieger Walko COY Laughiin Robinson Wansacz Cruz Lederer Roebuck Washington The SPEAKER. On the question, Mr. George. cuny Lescovitz Rooney Waters Mr. GEORGE. Thank you, Mr. Speaker. Daley Levdansky Ruffing Williams, C. DeLuca Lucyk Sainato Williams, J. Mr. Speaker, this amendment bans the use of false and Dermody Manderino Samuelson Wojnaroski misleading written statements done for the purpose of De Weese Mann Santoni Yewcic influencing market prices for the sale of electricity. Diven Markosek Scrimenti Youngblood Donatucci Mayernik Shaner Yudichak Last Friday the Federal Trade Commission reported that one Eachus cause of last summer's high gasoline prices was that some energy producers withheld supplies of this product to maximize profits. So if gasoline prices can be manipulated- The SPEAKER. Will the gentleman please yield. Adolph Fairchild Mackereth Sather There are entirely too many conversations on the floor. Allen Feese Maher Say lor Argall Fichter Maitland Schroder Conferences towards the rear of the House, please break up. Baker, J. Fleagle Major Schuler Mr. George. Baker, M. Flick Marsico Semmel Mr. GEORGE. Thank you, Mr. Speaker. Bard Forcier McGill Smith. B. So, Mr. Speaker, I ask that if a product such as gasoline can Barley Gabig Mcl lhattan Smith, S. H. Barrar Gannon Mcl lhinney Stairs be manipulated in price, why then cannot other products that Bastian Geist McNaughton Steil our citizens of the Commonwealth are in need of be Benninghoff Godshall Metcalfe Stem manipulated such as electricity? The price of electricity can, ~irmelk Habay Micozzie Stevenson, R. Mr. Speaker, be manipulated, according to the chairman of the Boyes Harhan Miller, R. Stevenson, T. Browne Harper Miller, S. Strittmatter economics department of MIT (Massachusetts Institute of Bunt Hasay Nailor Taylor, J. Technology), Paul Joskow. There is considerable empirical Cappelli Hennessey Nickol Tulli evidence to support a presumption, Mr. Speaker, that high Civera Herman O'Brien Vance electricity prices experienced in the summer of 2000 in Clark Hershey Perzel Watson Clymer Hess Phillips Wilt California reflect the withholding of supplies from the market Coleman Hutchinson Pickett Wogan by suppliers, generators, and marketers. Cornell Kenney P~PPY Wright Just weeks ago here in Pennsylvania, Mr. Speaker, wholesale Creighton Krebs Raymond Zimmerman prices for electricity jumped approximately 1,000 percent in Dailey Lawless Reinard zug Dally Leh Rohrer 1 day when some electrical generating plants on the grid DiGirolamo Lewis Ross Ryan, malfunctioned. This proves that huge price spikes in the price of Egolf Lynch Rubley Speaker power can be caused just by the loss of a few plants. While we Evans. J. cannot control mechanical breakdowns, we can certainly control and try to tame human nature. If you have power and want to NOT VOTING2 sell it, fine; if you do not, fine, but do not lie and tell the public or the regulators that your plants are not available because of a Horsey Keller breakdown simply to influence the price of electric. Mr. Speaker, this is a worthwhile amendment, and I would hope everybody would vote for it. Thank you. Armstrong Cohen, L. I. James Taylor, E. 2. The SPEAKER. The Chair thanks the gentleman. Cappabianca Jadlowiec Roberts Thomas Does the gentleman, Mr. Perzel, desire recognition on this amendment? Mr. PERZEL. Just for a moment, Mr. Speaker. I would like Less than the majority having voted in the affirmative, the to urge the members to cast a "no" vote. Thank you. question was determined in the negative and the amendment was not agreed to. On the question recurring, Will the House agree to the amendment? On the question recurring, Will the House agree to the bill on third consideration? The following roll call was recorded: The SPEAKER. Mr. George, my calendar indicates you had three amendments. You withdrew one. Mr. GEORGE. Mr. Speaker, I have one more. Bebko-Jones Evans, D. McCall Solobay Belardi Frankel McGeehan Staback The SPEAKER. What is the number of that one? Belfanti Freeman Melio Steelman I am going to start naming names. Please take your seats. Bishop George Michlovic Stetler The gentleman, Mr. George, offers amendment 897, which Blaum Gordner Mundy Sturla Butkovitz Grucela Myers Surra the clerk will now read. Buxton Gruitza 0iiver Tangretti " 2001 LEGISLATIVE JOURNAL--HOUSE 567

Mr. George, this is the amendment you withdrew. Is that so? Mr. HORSEY. Thank you, Mr. Speaker. t Mr. George, please come to the rostrum. Mr. Speaker, is there a reason why you have restricted this amendment to only residential phone business and not included On the question recurring, commercial? Will the House agree to the bill on third consideration? Mr. GEORGE. Mr. Speaker, I insist on the residential part of it, but that does not mean that it would not apply to commercial. Mr. GEORGE reoffered the following amendment No. But you have to understand that the majority of those that utilize A0897: this type of service are the citizens and most of them individuals that are having a tough time paying their bills, and in order to Amend Title, page 1, line 3, by removing the period after make it available for their relatives across the country to be able "practices" and inserting to call back and forth, when in fact they do not utilize this ; prohibiting certain billing practices service, they are penalized, and that is the only reason I am long-distance telephone service providers; and doing this. imposing penalties. Mr. HORSEY. Well, Mr. Speaker, is it an inequity to give a Amend Bill, page 6, by inserting between lines I 1 and 12 Section 2. Title 18 is amended by adding a section to read: remedy to average, everyday people and not offer that same 4 7330. Prohibition of certain billing practices of long-distance people in the business telephone service providers. Mr. GEORGE. Mr. Speaker, we stand here daily and we (a) Offense.-No person shall bill a residential telephone service attempt to offer more times some alleviation for business consumer for more than one month in advance for long-distance enterprises, such as the time when we offer millions of dollars telephone service fees or charges without the consumer's wior written to someone to create employment and then they move out of the approval. State of Pennsylvania after they have taken our money. There is (b) Penaltv.-A person who violates subsection (a) commits a no one that has not been to the task of trying to help the summary offense and shall, upon conviction, be sentenced to pav a fine business community any more than I have, but this amendment of $100. Amend Set. 2, page 6, line 12,by striking out ''2" and inserting speaks to the multitude of individuals that look at their bills and 3 do not understand them and find they are being intimidated and charged for a service they are not utilizing. That is all I ask. On the question recurring, Mr. HORSEY. Thank you, Mr. Speaker. Will the House agree to the amendment? On the amendment, Mr. Speaker? The SPEAKER. The gentleman, Mr. Horsey. The SPEAKER. On the question of the adoption of the Mr HORSEY. Mr. Speaker, I am not sure if I am going to George amendment 897, which was the earlier amendment that support this amendment, because I want to tell You about a had been withdrawn, the Chair recognizes the gentleman, personal experience, Mr. Speaker, that I could not recover Mr. George. under. In my district office, Mr. Speaker, my district phone Mr. GEORGE. Thank you, Mr. Speaker. number, I had long-distance service applied without my Mr. Speaker, I apologize for the confusion. I do not personal certification, and when I called the hone company, apologize for this amendment. there was nothing they could do but tell me I had to pay it. Now, Mr. Speaker, all this amendment does, whether they choose this bill ~ouldhave been perfect to remedy that particular to vote for it or not, is to make it illegal and insist on the situation, because they did not have my authorization to put a prohibition over certain billing practices of long-distance long-distance service on my district office since we already telephone service providers and impose penalties. have a WATS (wide-area telecommunications service) line. Mr. Speaker, the people in your district and my district are This amendment would have been perfect if it would very confused over long-distance telephone accommodate both residential and business, Mr. Speaker, but I where they are paying a fee to have the right to use that phone think because it only accommodates residential, I do not know and then are assessed a fee for not utilizing the long distance, if it is ~~n~tltuti~nal,but 1 am not raising the ~~tl~tit~ti~nal and I ask that we consider this amendment. question, Mr. Speaker. I do not know if it would be The SPEAKER. On the yestion of the adoption of the ~~n~fituti~nalJust to provide relief for residential and not for amendment, the gentleman, Mr. Perzel. business, but it would have been excellent if it had provided Mr. pERZEL. Mr. Speaker, the amendment was very poorly some remedy for long distance for commercial folks as well as drawn, and for that reason I would ask the members to please residential, and with that, Mr. Speaker, I do not know which cast a "no" vote. way I am going to vote on this. It could have been a little better, The SPEAKER. The Chair recognizes the gentleman, I think, and thank You, Mr. Speaker. Mr. Horsey. The SPEAKER. The gentleman, Mr. Casorio. Mr. HORSEY. Thank you, Mr. Speaker. Mr. CASORIO. Thank you, Mr. Speaker. Mr. Speaker, may I interrogate the maker of the amendment? The SPEAKER. Will the gentleman yield. The SPEAKER. The gentleman, Mr. George, indicates he The noise level today is unbelievable. Please. The people will stand for interrogation. who are engaged in debate deserve your attention; if not your Mr. HORSEY. I have one question. attention your courtesy. If you must confer, confer off the floor. The SPEAKER. Just a minute; just a minute. Mr. Casorio. Mr. George, Mr. Horsey wishes to interrogate you. Mr. CASORIO. Thank you, Mr. Speaker. Mr. GEORGE. Fine. I would like to interrogate the maker of the amendment, The SPEAKER. Mr. Horsey. please. 568 LEGISLATIVE JOURNAkHOUSE APRIL 3 '

The SPEAKER. The gentleman, Mr. George, indicates he Mrs. HARHART. Thank you, Mr. Speaker. will stand for interrogation. You may begin. I commend Mr. George for this amendment. We all here are Mr. CASORIO. Thank you, Mr. Speaker. very concerned about our consumers and that they are being Mr. Speaker, your amendment states that no telephone treated fairly, but the maker of the amendment is getting at the company can bill more than a month in advance for deceptive practice. This is indeed a worthy goal. If someone long-distance telephone service without the consumer's prior were to deceptively hide the fact from a customer that charges written approval. Is that correct? were being levied in secret, by subterfuge, et cetera, then the Mr. GEORGE. That is absolutely accurate. Attorney General can take action under the Unfair Trade Mr. CASORIO. Now, say, for example, if someone, a Practices and Consumer Protection Law. Both the residential customer, wanted to enter into an agreement where Attorney General and the district attorneys enforce this law. in fact they would be billed for more than 1 month in advance at There is a danger in enacting this amendment into law. The a time, could they still do that with the passage of this first is, by adopting this today, the General Assembly is saying amendment? implicitly that such a practice is illegal, when there are existing Mr. GEORGE. Absolutely so. mechanisms and law enforcement personnel to put a stop to Mr. CASOFUO. So in essence, you are not denying a such a deceptive practice. consumer, a residential telephone subscriber, the ability to pay Additionally, there are more effective remedies under the in advance on a service fee, are you? Unfair Practices and Consumer Protection Law and Title 66, Mr. GEORGE. Absolutely not. the PUC (Public Utility Commission) Code. First, the Mr. CASORIO. You are just, in my estimation, and you can Attorney General can bring an action even before the answer freely, you are denying the telephone company the Unfair Trade Practices and Consumer Protection Law is ability to charge in advance without the written authorization or violated. Penalties under the act include the violator providing permission from the residential phone customer. Is that correct? restitution to the consumer, and that is better than a court Mr. GEORGE. That is right. assessing a $100 fine, as the amendment would have it. Mr. CASORIO. Thank you. Further, the civil penalty under the Unfair Trade Practices Mr. GEORGE. Mr. Speaker, in answer to what you asked and Consumer Protection Law is $5,000 for each violation, and what the former speaker asked, it is almost commonplace much better than $100. Moreover, the court retains jurisdiction that in the utility industry, whether it is power or of the matter and the Attorney General or district attorney can communications, there are times when we allow these again petition for relief under this act. Under the amendment, a companies to do these things on billing that they claim saves separate action will have to be brought each time. If the court them money. But like the use of electricity, when they estimate finds a person or corporation willfully engaged in an unlawful your bill and that dear old lady finds that bill is three times more practice, there is a penalty of $1.000. Where the victim is than what it normally is and she has to miss out on needed 60 years of age or older, there is an additional penalty of up to necessities to meet that bill and then 2 months from now it is $3,000. The George amendment has no such special provision equalized, I think it is a little late. That is the same thing with a for senior citizens. phone bill. They have no business billing 3 months at a time Under the existing law, the PUC has the power to reform and unless the individual accepts that agreement. revise contracts entered into by any public utility, including a Mr. CASORIO. Thank you, Mr. Speaker. telephone service provider, and the customer. It can take this On the amendment? action based upon a complaint or its own motion. When the The SPEAKER. The gentleman is in order and may proceed. terms or conditions of a contract are unjust, unreasonable, Mr. CASORIO. Thank you, Mr. Speaker. inequitable, or injurious to public interest, the PUC has the I see this amendment simply as one protecting the consumer, authority to revise the contract, and I urge you to vote "no" on providing for the ability, if they wish, to be billed in advance for this amendment. telephone services but without taking advantage, if you will, of Thank you, Mr. Speaker. some of our constituents and billing them far in advance without The SPEAKER. The gentleman, Mr. Lynch. knowledge of what their bill will be, and I would ask for Mr. LYNCH. Thank you, Mr. Speaker. support of Representative George, an affirmative vote on this The gentleman from Clearfield County has had a lot of good amendment. ideas over the last few months about things that we should be Thank you, Mr. Speaker. incorporating into statute. However, I think that we are not The SPEAKER. The gentleman, Mr. Sum. doing our job substantially if we continue to allow these Mr. SURRA. Thank you, Mr. Speaker. amendments to be offered without going through the committee Very briefly. I am going to support the George amendment. I process. These are very good amendments, and they should be think it makes sense. It is good for the consumer and all the considered in the committee and not offered on the House floor. residential phone users in this Commonwealth. Thank you, Mr. Speaker. It is not fair, Mr. Speaker, to bill people 3 months in advance The SPEAKER. The Chair thanks the gentleman. when by Federal law the same companies are charging people a On the question of the adoption of the amendment, $5-a-month billing fee. With that thought alone, Mr. Speaker, Mr. George. because of the $5-a-month billing fee, the consumer should be Mr. GEORGE. I feel that I am obligated to use my second able to request to be billed every month. turn. It is a commonsense amendment; it is good for the consumer, I thank the lady for addressing the matter in regard to it being and I urge my colleagues to support it. Thank you. a very proper assignment that I urge. I say to the kind lady that The SPEAKER. Mrs. Harhart. 2001 LEGISLATIVE JOURNAL-HOUSE 569 1 nothing that she states is in the law does this amendment Buxton Hasay Nickol Tulli t Cappelli Hennessey O'Brien Vance remove. Civera Herman Perzel Watson She made a statement about the PUC. I hope she would live Clark Hershey Phillips Wilt every day for every letter we have written to the PUC and been Clymer Hess Pickett Wogan ignored. Coleman Hutchinson P~PPY Wright Now, if in fact there is so much of this that eliminates Comell Kenney Raymond Zimmerman Creighton Kr ebs Readshaw zug the need for us as legislators, then I wonder why the Dailey Lawless Reinard Attorney General does not move on these things; I wonder why Dally Leh Rohrer the district attorneys do not move on these things; and I wonder DiGirolamo Lewis Ross Ryan, why these dear people call you and me. Maybe you spend your Egolf Lynch Speaker time saying, call the Attorney General. Well, if you do, you are not being responsible to that individual who is being charged for NOT VOTING-5 3 months when they do not feel they ought to be, and so you can Diven Keller Mayemik Strittmatter do what you wish. Kaiser And as far as the committee system, I am not going to get into that, Mr. Speaker; we are friends, but I am going to stand here as long as my lungs will allow and my heart pumps, and I am going to do what they sent me down here to do, not only for Armstrong Cohen, L. I. James Taylor, E. Z. my constituents but for yours, and if you do not acknowledge Cappabianca Jadlowiec Roberts Thomas that there has to be some help, then you stand someday for the actions you take today. Thank you. Less than the majority having voted in the affirmative, the question was determined in the negative and the amendment On the question recurring, was not agreed to. Will the House agree to the amendment? On the question recurring, The following roll call was recorded: Will the House agree to the bill on third consideration? Bill was agreed to.

The SPEAKER. This bill has been considered on three Bebko-Jones Fran kel McGeehan Staback different days and agreed to and is now on final passage. Belardi Freeman Melio Steelman Belfanti George Michlovic Stetier The question is, shall the bill pass finally? Bishop Gordner Mundy Sturla Agreeable to the provisions of the Constitution, the yeas and Blaum Grucela Myers Surra nays will now be taken. Butkovitz Gruitza Oliver Tangretti Caltagirone Haluska Pal lone Tigue Casorio Hanna Petrarca Travaglio The following roll call was recorded: Cawley Harhai Petrone Trello Cohen, M. Horsey Pistella Trich Colafella Josephs Preston Veon Corrigan Kirkland Rieger Vitali Adolph Evans, J. Manderino Schroder Costa LaGrotta Robinson Walko Allen Fairchild Mann Schuler Laughlin Roebuck Wansacz COY Argall Feese Markosek Scrimenti Cruz Lederer Rooney Washington Baker, J. Fichter Marsico Semmel Lescovitz Ru ffing Waters cuny Baker, M. Fleagle Mayemik Shaner Daley Levdansky Sainato Williams, C. Bard Flick McCall Smith, B. DeLuca Lucyk Samuelson Williams, J. Barley Forcier Smith, S. H. Dermody Manderino Santoni Wojnaroski McGeehan DeWeese Mann Scrimenti Yewcic Barrar Frankel McGill Solobay Donatucci Markosek Shaner Youngblood Bastian Freeman Mcllhattan Staback Bebko-Jones Eachus McCall Solobay Yudichak Gabig Mcl lhinney Stairs Evans, D. Belardi Gannon McNaughton Steelman Belfanti Geist Melio Steil Benninghoff George Metcalfe Stem Birmelin Godshall Michlovic Stetler Bishop Gordner Micozzie Stevenson, R. Adolph Evans, J. Mackereth Rubley Blaum Gmcela Miller, R. Stevenson, T. Allen Fairchild Maher Sather Boyes Gmitza Miller, S. Strittmatter Argall Feese Maitland Saylor Browne Habay Mundy Sturla Bunt Haluska Surra Baker, J. Fichter Major Myers Schroder Butkovitz Hanna Nailor Tangretti Baker, M. Fleagle Marsico Schuler Buxton Harhai Nickol Taylor, J. Bard Flick McGill Semmel Caltagirone Harhart O'Brien Tigue Barley Forcier Mcllhattan Smith. B. Cappelli Harper Oliver Travaglio Barrar Gabig Mcllhinney Smith, S. H. Casorio Hasay Pallone Trello Bastian Gannon McNaughton Stairs Cawley Hennessey Perzel Trich Benninghoff Geist Metcalfe Steil Civera Herman Petrarca Tulli Birmelin Godshall Micozzie Stem Clark Hershey Petrone Vance Boyes Habay Miller, R. Stevenson, R. Clymer Hess Phillips Veon Browne Harhart Miller. S. Stevenson, T. Cohen, M. Horsey Pickett Vitali Bunt Harper Nailor Taylor, J. Colafella Hutchinson P~PPY Walko Coleman Josephs Pistella Wansacz LEGISLATIVE J(: APRIL 3 '

Cornell Kaiser Preston Washington Section 3. Permits. Corrigan Kenney Raymond Waters For rehabilitation work on a historic homesite, a municipality ' Costa Kirkland Readshaw Watson may waive the fee for a building permit or a permit for a variance or a coy Krebs Reinard Williams, C. . Cre~ghton LaGrotta Rieger Williams, J. special exemption from the zoning requirements. Cruz Laughlin Robinson Wilt curry Lawless Roebuck Wogan On the question, Dailey Lederer Rohrer Wojnaroski Daley Leh Rooney Wright Will the House agree to the amendment? Dally Lescovitz Ross Yewcic DeLuca Levdansky Rubley Youngblood The SPEAKER. On the question of the adoption of the Dermody Lewis Ruffing Yudichak DeWeese Lucyk Sainato Zimmerman amendment, the Chair recognizes the gentleman, Mr. Tangretti. DiGirolamo Lynch Samuelson Zug Mr. TANGRETTI. Thank you, Mr. Speaker. Donatucci Mackereth Santoni Mr. Speaker, this amendment just clears up some language Eachus Maher Sather Egolf Maitland Say lor RYan, that was ambiguous in the original bill that the township Evans, D. Major Speaker commissioners, the township association, discovered, and we were happy to accommodate them, and it is merely editorial in nature. Thank you.

On the question recurring, NOT VOTING2 Will the House agree to the amendment? Diven Keller I The following roll call was recorded:

Adolph Evans, J. Manderino Schroder Armstrong Cohen, L. I. James Taylor, E. 2. Allen Fairchild Mann Schuler Markosek Scrimenti Cappabianca Jadlowiec Roberts Thomas Argall Feese Baker, J. Fichter Marsico Semmel Baker, M. Fleagle Mayernik Shaner Bard Flick McCall Smith, B. The majority required by the Constitution having voted in Barley Forcier McGeehan Smith, S. H. Barrar Frankel McGill Solobay the affirmative, the question was determined in the affirmative Bastian Freeman Mcllhattan Staback and the bill passed finally. Bebko-Jones Gabig Mcllhinney Stairs Ordered, That the clerk present the same to the Senate for Belard! Gannon McNaughton Steelman Belfanti Geist Melio Steil concurrence. Benninghoff George Metcalfe Stem Birmelin Godshall Michlovic Stetler Bishop Gordner Micozzie Stevenson, R LEAVE OF ABSENCE Blaum Grucela Miller, R. Stevenson, T. Boyes Gruitza Miller, S. Strittmatter Browne Habay Mundy Sturla The SPEAKER. The Chair returns to leaves of absence and Bunt Haluska Myers Surra recognizes the gentleman, Mr. Veon, who requests a leave of Butkovitz Hanna Nailor Tangretti absence for the balance of today's session for the gentleman, Buxton Harhai Nickol Taylor, J. Mr. DeWEESE. Without objection, the leave will be granted. Caltagirone Harhan 0' Brien Tigue I Cappelli Harper Oliver Travaglio The Chair hears none. Casorio Hasay Pallone Trello Cawley Hennessey Penel Trich Civera Herman Petrarca Tulli BILLS ON THIRD CONSIDERATION Clark Hershey Petrone Vance Clymer Hess Phillips Veon The House proceeded to third consideration of HB 91, Cohen, M. Horsey Pickett Vitali Colafella Hutchinson P~PPY Walko PN 76, entitled: Coleman Josephs Pistella Wansacz Comell Kaiser Preston Washington An Act limiting building permit requirements and property tax Corrigan Kenney Raymond Waters reassessment for the rehabilitation of historic homesites; and conferring Costa Kirkland Readshaw Watson powers and duties on the Pennsylvania Historical and Museum coy Krebs Reinard Williams, C. Commission. Crelghton LaGrotta Rieger Williams, J. Cruz Laughlin Robinson Wilt curry Lawless Roebuck Wogan On the question, Dailey Lederer Rohrer Wojnaroski Will the House agree to the bill on third consideration? Daley Leh Rooney Wright Dally Lescovitz Ross Yewcic De Luca Levdansky Rubley Youngblood Mr. TANGRETTI offered the following amendment No. Dermody Lewis Ruffing Yudichak AO821: DiGirolamo Lucyk Sainato Zimmerman Diven Lynch Samuelson Zug Donatucci Mackereth Santoni Amend Sec. 3, page 4, lines 3 through 6, by striking out all of Eachus Maher Sather lines 3 through 5 and "work on a historic homesite." in line 6 and Egolf Maitland Say lor Ryan. inserting Evans, D. Major Speaker LEGISLATIVE JOURNAL-HOUSE

DeLuca Lescovitz Ross Youngblood Derrnody Levdansky Rubley Yudichak DiGirolamo Lewis Ruffing Zimmerman NOT VOTING-1 Diven Lucyk Sainato zug Donatucci Lynch Samuelson Keller Eachus Mackereth Santoni Egolf Maher Sather Ryan, Evans, D. Maitland Say lor Speaker

Armstrong De Weese James Taylor, E. Z. Cappabianca Jadlowiec Roberts Thomas Cohen. L. 1. NOT VOTING4

The majority having voted in the affirmative, the question was determined in the affirmative and the amendment was Armstrong De Weese James Taylor, E. Z. agreed to. Cappabianca Jadlowiec Roberts Thomas Cohen. L. I. On the question, Will the House agree to the bill on third consideration as The majority required by the Constitution having voted in amended? the affirmative, the question was determined in the aff~rmative Bill as amended was agreed to. and the bill passed finally. Ordered, That the clerk present the same to the Senate for The SPEAKER. This bill has been considered on three concurrence. different days and agreed to and is now on final passage. The question is, shall the bill pass finally? Agreeable to the provisions of the Constitution, the yeas and nays will now be taken. The House proceeded to third consideration of HB 62, PN 48, entitled: The following roll call was recorded: An Act authorizing the Department of General Services, with the approval of the Governor, to grant and convey a tract of land situated in the Borough of Canonsburg, Washington County. Adolph Evans, J. Major Schroder Allen Fairchild Manderino Schuler Argall Feese Mann Scrimenti On the question, Baker, J. Fichter Markosek Semmel Will the House agree to the bill on third consideration? Baker, M. Fleagle Marsico Shaner Bill was agreed to. Bard Flick Mayemik Smith, B. Barley Forcier McCall Smith, S. H. Barrar Frankel McGeehan Solobay The SPEAKER. Thls bill has been considered on three Bastian Freeman McGill Staback different days and agreed to and is now on final passage. Bebko-Jones Gabig Mcl lhattan Stairs Belardi Gannon Mcl lhinney Steelman The question is, shall the bill pass finally? Belfanti Geist McNaughton Steil Agreeable to the provisions of the Constitution, the yeas and Benninghoff George Melio Stem nays will now be taken. Birmelin Godshall Metcalfe Stetler Bishop Gordner Michlovic Stevenson, R. Blaum Grucela Micozzie Stevenson, T. The following roll call was recorded: Boyes Gruitza Miller, R. Strittmatter Browne Habay Miller, S. Sturla Bunt Haluska Mundy Surra Butkovitz Hanna Myers Tangretti Buxton Harhai Nailor Taylor, J. Adolph Evans, J. Major Schroder Caltagirone Harhart Nickol Tigue Allen Fairchild Manderino Schuler Cappelli Harper O'Brien Travaglio Argall Feese Mann Scrimenti Casorio Hasay Oliver Trello Baker, J. Fichter Markosek Semmel Cawley Hennessey Pallone Trich Baker, M. Fleagle Marsico Shaner Civera Herman Perzel Tulli Bard Flick Mayemik Smith, B. Clark Hershey Petrarca Vance Barley Forcier McCall Smith, S. H. Clymer Hess Petrone Veon Barrar Frankel McGeehan Solobay Cohen, M. Horsey Phillips Vitali Bastian Freeman McGill Staback Colafella Hutchinson Pickett Walko Bebko-Jones Gabig Mcllhattan Stairs Coleman Josephs P~PPY Wansacz Belardi Gannon Mcllhinney Steelman Comell Kaiser Pistella Washington Belfanti Geist McNaughton Steil Corrigan Keller Preston Waters Benninghoff George Melio Stem Costa Kenney Raymond Watson Birmelin Godshall Metcalfe Stetler COY Kirkland Readshaw Williams, C. Bishop Gordner Michlovic Stevenson, R. Creighton Krebs Reinard Williams, J. Blaum Gruceia Micozzie Stevenson, T. cmz LaGrotta Rieger Wilt Boyes Gruitza Miller, R. Strittmatter cuny Laughlin Robinson Wogan Browne Habay Miller, S. Sturla Dailey Lawless Roebuck Wojnaroski Bunt Haluska Mundy Surra Daley Lederer Rohrer Wright Butkovitz Hanna Myers Tangretti Dally Leh Rooney Yewcic Buxton Harhai Nailor Taylor, J. 572 LEGISLATIVE JOURNAL7HOUSE APRIL 3 i - Caltagirone Harhart Nickol Tigue expressing some concerns in some of the areas like the finding Cappelli Harper O'Brien Travaglio or lack of funding for epilepsy, Tourette's syndrome, and some ' Casorio Hasay Oliver Trel lo Cawley Hennessey Pallone Trich other areas. Well, we are going to be providing an opportunity Civera Herman Perzel Tulli for members to provide amendments to the budget. We have Clark Hershey Petrarca Vance introduced all the budget bills today. We will be coming back Clymer Hess Petrone Veon Cohen, M. Horsey Phillips Vitali after the Easter recess, and on April, I believe it is the 23d, Colafel la Hutchinson Pickett Walko Monday the 23d, according to the rules of the House, we will be Coleman Josephs P~PPY Wansacz running the budget bill. Comell Kaiser Pistella Washington Corrigan Keller Preston Waters Now, today, SB 1 was gutted as it came over from the Costa Kenney Raymond Watson Senate; it was amended. Basically what we did in the COY Kirkland Readshaw Williams, C. Appropriations Committee, we amended the Governor's Creighton Krebs Reinard Williams, J. Cruz LaGrona Rieger Wilt proposed budget into SB 1. That is the bill that will be available cum Laughlin Robinson Wogan for amendments, and any member wishing to amend SB 1 Dailey Lawless Roebuck Wojnaroski should do so by having that amendment available and submitted Daley Lederer Rohrer Wright Dally Leh Rooney Yewcic to the amendment clerk by April 16. According to House rule DeLuca Lescovitz Ross Youngblood 19(b), the amendments must be revenue neutral. So any Dermody Levdansky Rubley Yudichak amendment that a member chooses to submit, they must provide DiGirolamo Lewis Rufting Zimmerman Diven Lucyk Sainato zug in that same amendment an offset for the appropriation that they Donatucci Lynch Samuelson choose to increase. Again, those amendments must be submitted Eachus Mackereth Santoni to the amendment clerk by 2 p.m. on Monday, April 16. Egolf Maher Sather Ryan, Evans, D. Maitland Say lor Speaker The one distinction that I would like to make for the members today, on the State-related institutions, we introduced four bills today for each one of the State-relateds; that is, ' Lincoln, Temple, Penn State, and the University of Pittsburgh. The Governor had his proposed budgets for those four State-relateds. I did not introduce the Governor's proposed NOT VOTINGO budget for those institutions. What we did, we took the current year's budget, 2000-2001, and that is the budgets that are encompassed in the bills that are introduced this year as a starting point for the State-related institutions. Other than that, all of the other housekeeping bills, all of the other Armstrong De Weese James Taylor, E. 7.. nonpreferreds, basically have been introduced with the Cappabianca Jadlowiec Roberts Thomas I Governor's proposed budgets. Cohen, L. 1. Again, just to remind the members, the two key dates: Monday, April 16, by 2 p.m. amendments must be submitted to the amendment clerk in order to be included; and then Monday, The majority required by the Constitution having voted in April 23, is when we are planning to begin the floor process. the affirmative, the question was determined in the affirmative 1 Mr. Speaker, that is basically it. Thank you very much, and and the bill passed finally. hopehlly any questions anyone has, please contact either Ordered, That the clerk present the same to the Senate for myself or the Democrat chairman, and our respective staff concurrence. persons stand ready to help you. The SPEAKER. Thank you, Mr. Barley. CERTIFICATION FROM APPROPRIATIONS COMMITTEE BILLS REPORTED FROM COMMITTEES, CONSIDERED FIRST TIME, AND TABLED The SPEAKER. The Chair acknowledges receipt of the certification of the general appropriations bill and nonpreferred HB 165, PN 142 By Rep. BOYES bills from the Appropriations Committee chairman in accordance with rule 19(b) of the House. An Act amending the act of March 4, 1971 (P.L.6, NO.^), known as the Tax Reform Code of 197 1, repealing certain provisions imposing sales and use tax on lawn care services. STATEMENT BY MR. BARLEY FINANCE. The SPEAKER. The Chair at this time recognizes the gentleman, Mr. Barley. HB 212, PN 199 By Rep. B. SMITH Mr. BARLEY. Thank you, Mr. Speaker. For purposes of just announcing some process and so on here An Act amending Title 34 (Game) of the Pennsylvania for the upcoming weeks. Consolidated Statutes, further providing for the time periods of Mr. Speaker, we have had a series of Appropriations permits. hearings. Of course, they are now completed. The members have been notifying my office and I know the members have GAME AND FISHERIES. also been in contact with the Democrat chairman as well LEGISLATIVE JOURNAL--HOUSE

HB 336, PN 353 By Rep. BOYES LABOR RELATIONS COMMITTEE MEETING

An Act amending the act of March 4, 1971 (P.L.6, NO.^), known The SPEAKER. The gentleman, Mr. Flick, for what purpose as the Tax Reform Code of 1971, providing for military tax credits for do you seek recognition? employers who pay or subsidize the wages of an employee called to active duty. Mr. FLICK. To remind members that there is a Labor Relations Committee meeting tomorrow morning, FINANCE. 9 o'clock, in hearing room 2 of the North Office Building.

VOTE CORRECTION HB 570, PN 627 By Rep. BOYES The SPEAKER. The gentleman, Mr. Kaiser. An Act amending the act of March 4, 1971 (P.L.6, No.2), known Mr. KAISER. Mr. Speaker, on HB 429, amendment A897, as the Tax Reform Code of 197 1, further providing for personal income I would like to have my vote cast as a "yes" vote. Thank you, tax definitions. Mr. Speaker. The SPEAKER. The remarks of the gentleman will be spread FINANCE. upon the record.

HB 614, PN 1480 (Amended) By Rep. BOYES BILLS AND RESOLUTIONS PASSED OVER

An Act amending the act of March 4, 1971 (P.L.6, NO.^), known The SPEAKER. Without objection, all remaining bills and as the Tax Reform Code of 1971, further providing for the resolutions on today's calendar will be passed over. The Chair apportionment of business income for corporate net income tax hears no objection. purposes.

FINANCE. ADJOURNMENT The SPEAKER. Any further business? RESOLUTIONS REPORTED Hearing none, the Chair recognizes the gentleman from FROM COMMITTEE Lancaster County, Mr. Creighton. Mr. CREIGHTON. Mr. Speaker, I move that this House do HR 33, PN 438 By Rep. RAYMOND now adjourn until Wednesday, April 4, 2001, at 11 a.m., e.d.t., unless sooner recalled by the Speaker. A Resolution memorializing the Congress of the United States to investigate the causes and effects of the recent surge in natural gas prices in Pennsylvania and across the country. On the question, Will the House agree to the motion? INTERGOVERNMENTAL AFFAIRS. Motion was agreed to, and at 2:33 p.m., e.d.t., the House adjourned.

HR 68, PN 1481 (Amended) By Rep. RAYMOND

A Resolution memorializing the Congress of the United States to enact H.R.20, that was introduced on January 3, 2001, and that modifies provisions of the Clean Air Act, regarding the oxygen content of reformulated gasoline and improves the regulation of the fuel additive methyl tertiary butyl ether (MTBE).

INTERGOVERNMENTAL AFFAIRS.

HR 99, PN 1482 (Amended) By Rep. RAYMOND

A Resolution memorializing the United States Postal Service to issue a commemorative stamp honoring the recipients of the Purple Heart.

INTERGOVERNMENTAL AFFAIRS.

The SPEAKER. Is there any further business to come before the House? Any corrections to the record? Any announcements of committee meetings?